Kottiyoor Rape Case: Court Orders Inquiry Against Victim's Parents For Giving False Evidence To Save The Church Priest
Wife Can Be Prosecuted For Lying Before Court To Claim Maintenance: Gujarat HC
Section 340 CrPC
Please cite case laws where in it has been defined as to how and under what circumstances application under Sec 340 CRPC be moved to a court of law. If a party files false, misleading affidavit alongwith any document which is suspected to be false or forged then can an application under sec 340 be moved? Please cite case laws
Asked 6 years ago in Criminal Law
Religion: Hindu
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9 Answers
The Gujrat High Court noted that the action can be taken under Section 340 of CrPC when it is expedient in the interests of justice, and the impact on the administration of justice by misuse of women-centric laws would make it expedient for the trial Court to direct the prosecution. The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. Therefore, the Court refused to interfere with the order. [Sejalben Tejasbhai Chovatiya v. State of Gujarat, 2016 SCC OnLine Guj 6333, decided on October 20, 2016]
2) in present case wife had made flase statements on oath .The trial court, accordingly, directed the initiation of prosecution against the wife under Section 195 read with Section 340 of CrPC for committing offences under Sections 191, 192 and 193 of the Penal Code.
Dear Sir,
Prosecution can be directed under Section 340 CrPC, if wife misuses women-centric law
Gujarat High Court: The Single Bench of Sonia Gokani, J. has held that when a wife misuses women-centric laws by declaring completely incorrect facts, the trial court can direct her prosecution, at the time of considering the case, under Section 340 of the Code of Criminal Procedure, 1973.
In the instant case, the petitioner wife had made an application under Section 125 of CrPC seeking maintenance for herself and her son. She had submitted an affidavit, wherein she had declared herself a housewife having no source of income. Later, her husband moved an application to the trial Court contending that his wife was earning Rs. 40,000 per month and had produced false evidence on oath. The trial court, accordingly, directed the initiation of prosecution against the wife under Section 195 read with Section 340 of CrPC for committing offences under Sections 191, 192 and 193 of the Penal Code. The High Court noted that the action can be taken under Section 340 of CrPC when it is expedient in the interests of justice, and the impact on the administration of justice by misuse of women-centric laws would make it expedient for the trial Court to direct the prosecution. The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. Therefore, the Court refused to interfere with the order. [Sejalben Tejasbhai Chovatiya v. State of Gujarat, 2016 SCC OnLine Guj 6333, decided on October 20, 2016]
340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195.
The cases referred are given below:
Madras High Court
T.Dhinakaran (Minor) vs V.Ranganathan on 5 October, 2017
Gujarat High Court: The Single Bench of Sonia Gokani, J. has held that when a wife misuses women-centric laws by declaring completely incorrect facts, the trial court can direct her prosecution, at the time of considering the case, under Section 340 of the Code of Criminal Procedure, 1973.
In the instant case, the petitioner wife had made an application under Section 125 of CrPC seeking maintenance for herself and her son. She had submitted an affidavit, wherein she had declared herself a housewife having no source of income. Later, her husband moved an application to the trial Court contending that his wife was earning Rs. 40,000 per month and had produced false evidence on oath. The trial court, accordingly, directed the initiation of prosecution against the wife under Section 195 read with Section 340 of CrPC for committing offences under Sections 191, 192 and 193 of the Penal Code. The High Court noted that the action can be taken under Section 340 of CrPC when it is expedient in the interests of justice, and the impact on the administration of justice by misuse of women-centric laws would make it expedient for the trial Court to direct the prosecution. The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. Therefore, the Court refused to interfere with the order. [Sejalben Tejasbhai Chovatiya v. State of Gujarat, 2016 SCC OnLine Guj 6333, decided on October 20, 2016]
- Yes, an application under section 340 CrPc can be filed , if a party files false , misleading affidavit in the Court.
- As per law, the object of Section 340 CrPC is to ascertain whether any offence affecting administration of justice has been committed in relation to any proceedings before or any document produced/ given in evidence in Court.
- Pls. check Citation in the matter of Sejalben Tejasbhai Chovatiya v. State of Gujarat, 2016 SCC OnLine Guj 6333,
1) Yes an application for Section 340 CrPC can be made at any stage after someone gives false statement before court.
2) The only circumstance under which the application can be made is false evidence from some witness before court.
3) It will be filed as criminal miscellaneous application in filing branch
Sanjeev Kumar Mittal vs The State on 18 November, 2010
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+
Yes on false and forged records you can file 340 crpc. It will get filed in same court
- As per the information mentioned in the present query, makes it clear that this is the case squarely cover by section 195.
- Here an application can be moved before the court of trial and then the same application may be treated as compliant to proceed with the preliminary inquiry in it.
- Then it is open for the court to take the matter as per the offence in section 195 or can issue contempt proceedings before the HC.
