Tendering Of False Affidavit/Undertakings Can Amount to Contempt of Court: Supreme Court

[12 July 2022] The Supreme Court observed that the tendering of affidavits and undertakings containing false statement would amount to contempt of court. A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court, the bench comprising Justices UU Lalit and PS Narasimha observed.

While considering this case, the court noticed an earlier decision on the question whether tendering of affidavits and undertakings containing false statement would amount to criminal contempt or not. Referring to ABCD v. Union of India, the court said:

“It is thus well settled that a person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court. The extracted portion above clearly shows that in such circumstances, the Court not only has the inherent power but it would be failing in its duty if the alleged contemnor is not dealt with in contempt jurisdiction for abusing the process of the Court.”