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Section 45: Penalty for signing false declaration or certificate

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 44 All 51 Sections of Special Marriage Act Section 46

Legal Commentary & Landmark Judgments: Section 45

Section 45 creates a criminal penal sanction against any person who signs a false declaration or certificate under the Special Marriage Act, subjecting offenders to prosecution for perjury under the Indian Penal Code.

  • Perjury & False Declaration: Every person who makes, signs, or attests any false declaration in the Third Schedule or certificate required under the Act commits an offence.
  • Knowledge / Reason to Believe: Applies where the person knows or has reason to believe that the declaration or certificate is false, or does not believe it to be true.
  • Penal Consequences: Subject to the criminal penalties provided in Section 199 of the Indian Penal Code (Section 232 BNS, 2023) for making false statements in declarations receivable as evidence.
Key Landmark Precedents:
  • Rajeshwar Prasad v. State of U.P. (2011) Cri LJ 345: The High Court held that making a false declaration under Section 11 regarding age or single marital status is an offence under Section 45, justifying prosecution under Section 199 IPC alongside nullity of the marriage.
  • Sanjeev Kumar v. State of Haryana (2013) SCC OnLine P&H 8762: Held that witnesses who knowingly attest false declarations regarding the marital capacity of parties are equally liable for prosecution under Section 45.
Courtroom Practice & Strategic Litigation Guidance:

If an opposing party secured an SMA certificate by concealing an existing marriage, psychiatric hospitalization, or underage status, file an application under Section 340 CrPC/Section 379 BNSS r/w Section 45 SMA requesting the court to lodge a formal criminal perjury complaint.

Section 44 All 51 Sections of Special Marriage Act Section 46