False evidence

An affidavit is a sworn statement documenting points or events that the writer experienced and believes to be true (or what most people will call a “fact”). The difference between this and a Facebook post or an anonymous letter is that an affidavit is filed under oath, meaning that you can be jailed up to 3 years and possibly fined for lying in an affidavit. Basically, if you lie in an affidavit, you’re giving false evidence; which is a crime. 

Section 191 of the Penal Code – False evidence:

Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence.

“Whoever, in any declaration made or subscribed by him, which declaration any court, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.”

This provision is then followed by Section 200 of the Penal Code which states that whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. In so far as such declarations are made in Malaysia, the Statutory Declaration Act 1960 governs the subject.

Statements in affidavits are viewed seriously. A false affidavit would result in serious consequences just like statutory declarations.