Law Analysis

 False statement  in affidavit amounts to a contempt of court besides being a Perjury

The definition of “criminal contempt” within the meaning of Section 2 of the Contempt of Courts Act, 1971, includes the doing of any act which “interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice” in any manner. Making of a false statement on oath may interfere with the administration of justice and may thus amount to contempt.

In the case of Murray & Co. v. Ashok Kr. Newatia, (2000) 2 SCC 367 : AIR 2000 SC 833, the Supreme Court held that a false statement deliberately made in an affidavit before the court amounted to contempt of court.

Likewise, in the case of M.C. Mehta v. Union of India, (2003) 5 SCC 376 : 2003 Cri LJ 2045 : AIR 2003 SC 3469, the Supreme Court held that filing a false statement or false affidavit is contempt of court [relying upon the aforesaid Murray case, and also on Bank of India v. Vijay Transport, (2000) 8 SCC 512; Dhananjay Sharma v. State of Haryana, (1995) 3 SCC 757].

In a similar manner, in the case of U.P. Residents Employees Coop. House Building Society v. NOIDA, (2004) 9 SCC 670 : AIR 2003 SC 2723, it was held that filing of false affidavit also amounts to contempt of Court.

Thus, it should be clear that making of a false statement in an affidavit filed before the court may also amount to contempt of court, in addition to the offence of perjury.

However, perjury carries a more severe punishment than the offence of contempt of court. Moreover, contempt of court is considered to be in the discretion of the court and the court may even accept an apology and not take any action against the contemnor.