Chapter XXIX - Miscellaneous
Section 449
Section 449: punishment for false evidence
Section 449 punishes a person who intentionally gives false evidence on an examination on oath or solemn affirmation authorised under the Act. It also covers false evidence in an affidavit, deposition or solemn affirmation about a winding up or any other matter under the Act.
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Need advice on Section 449?
This article is for general information. Refer to the Companies Act, 2013 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Save as otherwise provided in this Act, if any person intentionally gives false evidence—(a) upon any examination on oath or solemn affirmation, authorised under this Act; or (b) in any affidavit, deposition or solemn affirmation, in or about the winding up of any company under this Act, or otherwise in or about any matter arising under this Act, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to ten lakh rupees.
Introduction
The punishment is imprisonment for not less than three years and up to seven years, and fine up to ten lakh rupees. The section applies "save as otherwise provided in this Act".
Section 449 commenced on 12 September 2013 under S.O. 2754(E). The India Code consolidated text shows no amendment, and the text matches the 2013 Gazette.
Key takeaways
Intentional falsity
The evidence must be intentionally false.
Oath, affidavit, deposition
Covers examinations on oath authorised under the Act, and affidavits, depositions and solemn affirmations about winding up or other matters under the Act.
Minimum imprisonment
Three to seven years’ imprisonment, and fine up to ten lakh rupees.
Where the section applies
Clause (a) covers any examination on oath or solemn affirmation authorised under the Act. Clause (b) covers any affidavit, deposition or solemn affirmation in or about the winding up of a company under the Act, or otherwise in or about any matter arising under the Act.
Punishment
A person who intentionally gives false evidence is punishable with imprisonment for a term of not less than three years, which may extend to seven years, and with fine which may extend to ten lakh rupees. Both imprisonment and fine apply.
Practical preparation
Read every affidavit line by line before swearing it; separate facts within personal knowledge from those based on information and belief; attach supporting documents; correct any error before filing; take legal advice before giving evidence on oath in an inquiry or winding up.
Practical checklist
Do
- State the source of any information that is not within your personal knowledge.
- Keep copies of every affidavit and its annexures.
Avoid
- Do not sign an affidavit drafted by others without verifying it.
- Do not guess at answers during an examination on oath.
Illustrative example
Hypothetical: affidavit on the company’s assets
In a winding up, a former director swears an affidavit that the company owned no vehicles. Records show he transferred two vehicles to a relative shortly before the petition.
Evidence
The affidavit is evidence in or about the winding up of a company under the Act.
Falsity
If the statement was intentionally false, clause (b) applies.
Punishment
Imprisonment of three to seven years and fine up to ten lakh rupees.
Outcome
- Checking the company’s asset records before swearing would have avoided the false statement.
Glossary
- Solemn affirmation
- A declaration made in place of an oath, carrying the same obligation to tell the truth.
- Deposition
- Evidence given by a witness and recorded for use in a proceeding.
Frequently asked questions
What is the punishment for false evidence under the Companies Act?
Imprisonment of not less than three years, which may extend to seven years, and fine which may extend to ten lakh rupees.
Does it apply to affidavits filed in winding up proceedings?
Yes. Clause (b) expressly covers affidavits, depositions and solemn affirmations in or about the winding up of a company under the Act.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026