An affidavit is your sworn statement — signed under oath before a Notary Public. When you sign it, you're legally promising that everything in it is true. If you lie, you're not just breaking a promise — you're committing a criminal offence punishable under the Indian Penal Code (IPC).
In this guide, we'll cover exactly what happens if you file a false affidavit in India — the IPC sections, punishment, real court cases, and how to protect yourself.
What is a False Affidavit?
A false affidavit is one that contains any of the following:
- False statements of fact — saying something untrue
- Concealment of material information — hiding facts
- Misrepresentation — twisting facts to mislead
- Fake documents or signatures
- Information known to be untrue at the time of signing
Whether you knowingly lie or recklessly state something untrue, it's still a false affidavit under Indian law.
Important: Even a small lie — a wrong income figure, a false address, or a fake reason for name change — can lead to criminal prosecution. Courts treat affidavit perjury very seriously.
IPC Sections on False Affidavits
Several sections of the Indian Penal Code deal with false affidavits:
| IPC Section | Offence | Punishment |
|---|---|---|
| Section 191 | Giving false evidence (perjury) | Up to 7 years + fine |
| Section 193 | Punishment for false evidence | 3 to 7 years + fine |
| Section 199 | False statement in declaration | Up to 3 years + fine |
| Section 200 | Using false declaration as true | Up to 7 years + fine |
| Section 209 | Dishonestly making false claim | Up to 7 years + fine |
Under Section 193 IPC, the punishment for a false affidavit is imprisonment of either description for a term which may extend to 7 years, plus fine.
Real Court Cases on False Affidavits
Indian courts have consistently taken a strict view of false affidavits. Here are some notable cases:
Case 1 — Supreme Court on Perjury
The Supreme Court has repeatedly held that filing a false affidavit is a serious offence and "amounts to interference with the administration of justice." Courts have initiated suo motu (on their own) prosecution against deponents in multiple cases.
Case 2 — High Court on Income False Affidavit
In a well-known case, an applicant submitted a false income affidavit for a scholarship. When verified, the court convicted the deponent under IPC 193 and sentenced him to 3 years rigorous imprisonment plus fine.
Case 3 — Property False Affidavit
A person filed a false affidavit claiming ownership of a disputed property. The court not only rejected the claim but also initiated criminal proceedings for perjury under Section 193 IPC, resulting in imprisonment.
Case 4 — Employment False Affidavit
A government employee filed a false affidavit for a job application. On discovery, the court terminated employment and prosecuted the deponent for perjury, resulting in a criminal record.
Real Consequences of a False Affidavit
- Criminal prosecution — The deponent can be booked under IPC Section 193 for perjury.
- Imprisonment — Up to 7 years of jail time, depending on severity.
- Heavy fines — Courts can impose fines in addition to imprisonment.
- Rejection of application — The affidavit's purpose is immediately rejected.
- Blacklisting — Banks, colleges, and government offices may blacklist you permanently.
- Loss of job — If the affidavit was for employment, termination is likely.
- Damaged reputation — A criminal record affects future opportunities.
- Civil liability — The affected party can sue for damages.
Create a Legally Valid Affidavit
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General Affidavit Self AffidavitCommon Situations Where People File False Affidavits
| Situation | Consequence |
|---|---|
| False income for scholarship | Rejection + criminal case |
| False address for bank KYC | Account freeze + FIR |
| Fake reason for name change | Gazette cancellation + prosecution |
| False marriage affidavit | Passport rejection + perjury case |
| False property declaration | Civil + criminal action |
| Fake lost document affidavit | FIR + imprisonment |
Punishment Under IPC Section 193
The severity of punishment depends on the situation:
- In judicial proceedings: 3 to 7 years imprisonment + fine
- In non-judicial proceedings: Up to 3 years imprisonment + fine
- If it causes wrongful conviction: Up to 7 years imprisonment
- If it saves someone from conviction: Up to 5 years imprisonment
If you're a public servant filing a false affidavit, the punishment is even more severe.
Can a Notary Be Held Liable?
Notaries are generally not liable for the content of an affidavit — their role is to verify identity and witness signatures, not fact-check. However:
- If a notary knowingly attests a fraudulent document, they can face disciplinary action.
- Their notary license can be suspended or revoked.
- They can be prosecuted for abetment in serious cases.
This is why reputable notaries always verify IDs carefully and refuse suspicious documents. To understand the notary's role better, read our Notary Process in India guide.
How Courts Treat False Affidavits
Key observations from various High Courts and the Supreme Court:
- "Filing false affidavit is a serious offence and undermines the justice system."
- "Deponents must be held accountable for the contents of their affidavits."
- "Perjury in affidavits cannot be tolerated and must be dealt with severely."
- "Courts should not hesitate to prosecute those who file false affidavits."
How to Protect Yourself
- Never sign a blank affidavit. Fill in all details before signing.
- Verify every fact. Double-check names, dates, addresses, and figures.
- Don't exaggerate income. Use accurate figures with supporting documents.
- Don't hide information. Concealment is also perjury.
- Keep copies of supporting documents. They protect you if challenged.
- Use correct formats. Wrong format doesn't make it false, but it may be rejected.
- Get professional help if unsure. Consult a lawyer for complex affidavits.
Pro Tip: Always download affidavit formats from trusted sources like AffidavitFormat.com. Legally drafted formats help you avoid errors that could be misconstrued as false statements.
Popular Affidavit Formats (Legally Valid)
Frequently Asked Questions
Under IPC Section 193, punishment for false affidavit ranges from 3 to 7 years imprisonment plus fine. It is treated as perjury.
Yes, filing a false affidavit is a criminal offence under IPC Sections 191, 193, and 200. It can lead to imprisonment.
Yes, anyone affected by a false affidavit can file a complaint in court, and the deponent may be prosecuted for perjury.
Providing false income information can lead to rejection of your application, criminal charges for perjury, and a permanent record of fraud.
Notaries are generally not liable for content, but they can face action if they knowingly attest a fraudulent document.
Final Thoughts
A false affidavit is not a small mistake — it's a criminal offence that can land you in jail for up to 7 years. Courts take perjury very seriously, and a criminal record can affect your entire future.
The safest approach: always tell the truth, use a legally valid format, and verify every fact before signing.
At AffidavitFormat.com, all our formats are legally drafted to help you avoid errors. Download yours free and make sure your affidavit is accurate.
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General Affidavit Self Affidavit