AI Overview...
- Section 340 of the Criminal Procedure Code (Cr.P.C.) - Main points and insights:
- Section 340 Cr.P.C. empowers Family Courts and other courts to conduct preliminary inquiries into allegations of perjury or false evidence related to proceedings under the Family Courts Act, 1984 (e.g., Section 19(1)) Sadi Srinivasa Reddy VS Sadi Rama Devi - Andhra Pradesh, Tilendra Sahu S/o Shri Manohar Sahu VS Roshini Sahu W/o Tilendra Sahu - Chhattisgarh.
- It is not a criminal prosecution but a procedure to determine whether there is sufficient ground to proceed with criminal action against a person for false statements or perjury in family law cases S. Venkataramana VS State of A. P. - Andhra Pradesh, Parveen Kumar VS Anju And Another - Punjab and Haryana.
- Applications under Section 340 can be filed before Family Courts, and these courts are authorized to examine allegations of perjury or false evidence in family matters Sadi Srinivasa Reddy VS Sadi Rama Devi - Andhra Pradesh, Tilendra Sahu S/o Shri Manohar Sahu VS Roshini Sahu W/o Tilendra Sahu - Chhattisgarh.
- The Family Court's decision to dismiss or accept such applications is subject to judicial review, and courts analyze whether the allegations are legally tenable Parveen Kumar VS Anju And Another - Punjab and Haryana, Ubaidurrehman VS Anjum Iqabal - Uttarakhand.
-
Under certain circumstances, applications under Section 340 Cr.P.C. can be maintained before higher courts, including the High Court, especially when procedural or jurisdictional issues arise Nirmala Devi vs State Of U.P. - Allahabad.
-
Practice and procedure before Family Courts regarding Section 340:
- Family Courts have the authority to initiate inquiries under Section 340 upon receiving complaints or applications alleging perjury or false evidence Sadi Srinivasa Reddy VS Sadi Rama Devi - Andhra Pradesh, Tilendra Sahu S/o Shri Manohar Sahu VS Roshini Sahu W/o Tilendra Sahu - Chhattisgarh.
- The procedure involves a preliminary inquiry, and the court assesses whether the allegations merit further criminal proceedings S. Venkataramana VS State of A. P. - Andhra Pradesh.
- Dismissal of applications under Section 340 by Family Courts has been upheld when allegations are found legally untenable or lack sufficient evidence Parveen Kumar VS Anju And Another - Punjab and Haryana, Ubaidurrehman VS Anjum Iqabal - Uttarakhand.
-
The scope of Section 340 is limited to examining the veracity of allegations made in family law proceedings, and it does not equate to a full criminal trial S. Venkataramana VS State of A. P. - Andhra Pradesh.
-
References:
- Sadi Srinivasa Reddy VS Sadi Rama Devi - Andhra Pradesh, S. Venkataramana VS State of A. P. - Andhra Pradesh, Tilendra Sahu S/o Shri Manohar Sahu VS Roshini Sahu W/o Tilendra Sahu - Chhattisgarh, Parveen Kumar VS Anju And Another - Punjab and Haryana, Nirmala Devi vs State Of U.P. - Allahabad, JAMES ANTONY vs SHEELA - Kerala, Parveen Kumar VS Anju And Another - Punjab and Haryana, Ubaidurrehman VS Anjum Iqabal - Uttarakhand, RITHU MARIA JOY vs SHEJOY VARGHESE - Kerala, K.Priyadharshini vs M.Bharath - Madras.
Analysis and Conclusion: Section 340 Cr.P.C. plays a crucial role in maintaining integrity within family law proceedings by enabling courts to scrutinize allegations of perjury or false evidence. While Family Courts are empowered to initiate such inquiries, their decisions—whether to proceed or dismiss—are subject to legal scrutiny. The procedure emphasizes preliminary assessment rather than criminal prosecution, ensuring that false claims are addressed appropriately without overstepping judicial boundaries. Ultimately, courts balance the need to prevent perjury with the principles of justice, exercising caution in applying Section 340 within the family law context.
Search Results for "Section 340 of Criminal Procedure Code before Family Court"
2004 0 Supreme(AP) 1129 • India - Andhra Pradesh
B.SESHASAYANA REDDY
Court to make a preliminary inquiry as contemplated under Section 340 of Criminal Procedure code - Criminal Petition is allowed. ... Criminal procedure Code, 1973 - Sections 340 and 195 (1) (b) – Practice and Procedure - Seeking quash the ... file and deal with matter as per law as is enshrined in section 340 and 195 (1) (b) of criminal Procedure Code in interest of justice ... #....
2009 0 Supreme(AP) 170 • India - Andhra Pradesh
K.C.BHANU
CRIMINAL PROCEDURE CODE, 1973, Section 482- A petition filed under Section 340 r/w Section 195 of Cr.P.C. ... in the family court to enquire whether the petitioner had committed an offence under Section S. 192, 193, 196, 467 and 471 IPC, concerning ... complaint for prosecuting the petitioner for those offences, but it is not criminal prosecution itself. ... When an application is filed before the trial c....
2022 0 Supreme(Chh) 466 • India - Chhattisgarh
SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Family Courts Act, 1984 - Section 19(1) – Criminal Procedure Code,1973 - Section 125 and 340 - Application ... , appellant herein filed an application under Section 340 of CrPC before concerned Family Court stating inter alia that respondent ... that view of matter, learned Family Court is justified in rejecting the application filed by respondent under Section ....
2019 0 Supreme(P&H) 2334 • India - Punjab and Haryana
GURVINDER SINGH GILL
dismissal of his application under Section 340 Cr.P.C. by the Family Court, which was filed against his wife for allegedly perjuring ... Section 340 Cr.P.C. - Application Dismissal - 340 Cr.P.C. - Summary Fact of the Case: The petitioner challenged the ... respondent Ratio Decidendi: The Court analyzed the provisions of Section 340 Cr.P.C. and....
2025 0 Supreme(All) 3475 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
an application under Section 340 Cr.P.C. is maintainable before the High Court under Section 19 of the Family Courts Act, which prevails ... Court decisions under Section 340 Cr.P.C. is to be according to Section 19 of the Family Courts Act, 1984, which designates the ... ... ... Ratio Decidendi: The Court concluded that since the Family Cour....
2025 Supreme(Online)(Ker) 47905 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
... ... Issues: The court examined whether the appellant's allegations justified action under Section 340 CrPC. ... Statute Analysis: The appellant invoked Sections 340 and 195 of the CrPC along with Section 151 of the CPC regarding allegations ... ... ... Findings of Court: ... The Family Court found the appellant's allegations legally untenable and dismissed the application ... We have exami....
2019 0 Supreme(P&H) 1997 • India - Punjab and Haryana
GURVINDER SINGH GILL
Fact of the Case: The petitioner challenged the dismissal of his application under Section 340 Cr.P.C. by the Family ... Section 340 Cr.P.C. - Application Dismissal - 340 Cr.P.C. - Summary of the acts and sections referenced and discussed by the court ... : The court discussed the provisions of Section 340 Cr.P.C. and its re....
2024 0 Supreme(UK) 489 • India - Uttarakhand
VIVEK BHARTI SHARMA
of his application under Section 340 Cr.P.C. by the Family Court, which he claimed was based on the respondent/wife's failure to ... CRIMINAL PROCEDURE - APPLICATION UNDER SECTION 340 CR.P.C. - The court upheld the trial court's dismissal ... Issues: Whether the trial court erred in dismissing the husband's application under Section 340 #HL_ST....
2023 Supreme(Online)(KER) 20500 • India - High Court of Kerala
ALEXANDER THOMAS, C.S. Sudha, JJ
regarding her employment status, leading to a complaint under Section 340 Cr.P.C. following a Family Court order indicating potential ... Issues: Whether the Family Court's order to proceed under Section 340 Cr.P.C. was justified in light of the evidence and the ... Ratio Decidendi: The court held that action under Section 340 Cr.P.C. requires a clear determin....
2025 Supreme(Online)(Mad) 33632 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthirayan, J
The court directed the Family Court to dispose of the application within six months. ... This case involves an application under Section 482 of Cr.P.C for a direction to expedite the disposal of CMP.No.100/2023 in M.C.No ... PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Principal Family Court Judge, Coimbatore to dispose the application in CMP.No.100/2023 in M.C.No.....
Filter by Legal Phrase
