AI Overview...
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Section 340 CrPC - Generally, Section 340 of the Criminal Procedure Code (CrPC) is invoked to initiate proceedings for false statements or perjury. However, in cases involving bonafide mistakes supported by affidavits, the applicability of Section 340 is limited. Courts tend to exercise caution before initiating action, especially if the mistake is genuine and rectified through proper affidavits. BINAY KUMAR VS UNION OF INDIA - Delhi
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Bonafide Mistake & Affidavit Support - Courts recognize that errors made in good faith, which are subsequently corrected via affidavits, do not constitute willful falsehood warranting proceedings under Section 340 CrPC. This approach aligns with the principle that genuine mistakes should not lead to punitive action if corrected promptly. Rajiv Kumar VS State of U. P. - Allahabad
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Application of Section 340 CrPC - The section is not applicable to honest errors corrected by affidavits, emphasizing that the law aims to penalize deliberate falsehood rather than bona fide mistakes. Courts have refrained from initiating proceedings under Section 340 when affidavits support the correction of such errors. BINAY KUMAR VS UNION OF INDIA - Delhi, Rajiv Kumar VS State of U. P. - Allahabad
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Judicial Discretion & Corrective Measures - Courts have discretion to dismiss or defer proceedings under Section 340 when the mistake is bona fide and supported by affidavits, preventing misuse of the provision. The focus remains on whether the false statement was intentional or a genuine error. Thomson Press (India) Ltd. VS Nanak Builders & Investors P. Ltd. - Supreme Court
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Conclusion - Section 340 CrPC does not apply to bona fide mistakes that are corrected through affidavits. Courts tend to avoid initiating proceedings in such scenarios, emphasizing the importance of intent and the corrective nature of affidavits in determining applicability. This approach safeguards individuals from penal consequences arising from honest errors.
Search Results for "Section 340 Crpc doesn t Apply to Bonafide Mistake which is Correct by Supported Affidavit"
2000 0 Supreme(Del) 56 • India - Delhi
A.K.SIKRI
For this reason, I am not proposing to take any action on the application filed by the respondents under Section 340 of Criminal Procedure Code. ... In any case when the application under Section 340 of Criminal Procedure Code was filed and pending, the Court should not allow withdrawal of the writ petition. ... ( 27 ) MR. ... The correct office order is filed by the respondent No. 1 alongwith his counter affidavit as Annexure-B and according to the....
2013 0 Supreme(SC) 185 • India - Supreme Court
T.S.THAKUR, M.Y.EQBAL
, 1908–Order 1 Rule 10–Specific Relief Act, 1963–Section ... 19–Transfer of Property Act, 1882–Section 52–Suit for specific ... The trial court has also referred to an application under Section 340 CrPC filed by the first defendant and observed that the same had been dismissed by order dated 20-12-1992. ... But it is proper that English procedure supported by the Specific Relief Act should be adopted. ... It is not merely that he has an interest in the correct solutio....
• India - Crimes
RAJEEV MISRA
is passed on judicial side – By seeking recall of order, opposite party No.2 is not seeking review of order and bar contained in Section ... Criminal Procedure Code, 1973 – Sections 309 and 482 – Recall of ex-parte order – Rule of audi alteram partem ... 362 Cr.P.C. will not come in way – Order is liable to be recalled at behest of opposite party No.2, who admittedly was not afforded ... The whole purpose of Section 362 CrPC is only to correct a clerical or arithmetic....
2019 0 Supreme(All) 728 • India - Allahabad
AJAY BHANOT
respondents and their abject failure to implement law and the Constitution –Entitlement of petitioner for backwages is also independently supported ... (1) of section 19, the provisions of sub-section (1) shall not apply. ... Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child. ... The petitioner had further made a declaration on affidavit that he had never been challaned in any criminal case. This assertion on affidavi....
2018 0 Supreme(MP) 164 • India - Madhya Pradesh
G.S.AHLUWALIA
The High Court dismissed the application filed by the accused under Section 482 of the Code of Criminal Procedure (CrPC) challenging ... the order of the trial court rejecting his application under Section 311 of the CrPC seeking recall of a witness for cross-examination ... order rejecting the accused's application under Section 311 of the CrPC seeking recall of the witness for cross-examination. ... Accordingly, this Court is of the considered opinion, that the Tria....
2011 0 Supreme(All) 2893 • India - Allahabad
ASHOK BHUSHAN, S.U.KHAN, V.K.SHUKLA
under Section 4, read with Sections 17(1) and 17(4) and Section 6 cannot be entertained due to reason that land which has already ... of Section 17(4) held to be vitiated. ... 17(1)—Plea of petitioners that after publication of declaration under Section 6 and since award under Section 11 has not been made ... The expression `shall’ used in Section 17(3A) has to be understood in its correct perspective and is not to be construed as suggestive of the p....
2015 0 Supreme(Mad) 3212 • India - Madras
S.MANIKUMAR, M.VENUGOPAL
Civil Procedure Code, 1908 – Order 41 Rule 1 - Masdra High Court Appellate Side Rules, 1965 - Rule 9 - Limitation Act, 1963 - Section ... filed on record - It was open to the petitioner-appellant first to have filed affidavits of persons named by him in limitation petition ... application under O.41, R.3(2) or S.5 Limitation Act is not permissible - Question of limitation has to be decided on basis of affidavits ... There was no justification for the appellants to instigate the workers in the so-called 'bonafide' belief ....
• India - Crimes
S.RATNAVAL PANDIAN, K.JAYACHANDRA REDDY
(ii) Bofors Case - Constitution of India Article 51A - Indian Penal Code, 1860 - Section ... is supported by sanction of law. ... In Mohammad's case (supra), the observation of the Kerala High Court that "if a clear illegality or injustice comes to the notice of tile High Court by whatsoever means it might be, the suo moto jurisdiction of the High Court is available to correct such mistake." ... The discretionary power of the Special Judge in issuing Letter Rogatory on 5.2.1990 even before the introduction of s....
2020 8 Supreme 257 • India - Supreme Court
DEEPAK GUPTA, ANIRUDDHA BOSE
(Paras 29 and 31) (C) Contempt of Courts Act, 1971 – Section a href= ... (Paras 44 and 45) (F) Contempt of Courts Act, 1971 – Section 3 and 6 – Contempt of Courts Act, 1971 – Section ... The allegations in Para 9 of the petition are supported by an affidavit of Mr. B.P. Singh, Advocate, who has verified that the contents in his affidavit are true to his knowledge….” 42. ... It deals mainly with quashing of the proceedings initiated by the Bombay High Court against a party under #HL_STA....
2020 0 Supreme(Mad) 730 • India - Madras
T.S.SIVAGNANAM, V.BHAVANI SUBBAROYAN
placed reliance on said document - Therefore, all contentions advanced based on said document are eschewed - In fact, in counter affidavit ... Constitution of India, 1950 - Article 226 - Air (Prevention and Control of Pollution) Act, 1981 - Section ... 21 - Water (Prevention and Control of Pollution) Act, 1974 - Section 25 - Hazardous and Other Wastes (Management and Transboundary ... If on the other hand the figure mentioned in the annual report is correct then the petitioner is guilty of perjury for having provided fal....
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