Section 340 of the Criminal Procedure Code (CrPC), 1973

Section 340 of the Criminal Procedure Code (CrPC), 1973, deals with the procedure for filing a complaint when an act of perjury (giving false evidence) or forgery related to legal documents is committed during judicial proceedings. In the context of maintenance and family cases, Section 340 CrPC can be invoked if one party has made false statements, submitted forged documents, or otherwise misled the court during proceedings, such as those for maintenance, divorce, custody, etc.

Overview of Section 340 CrPC:

- Purpose: To ensure that judicial proceedings are conducted fairly, and no party tries to subvert justice by giving false evidence or tampering with records.

- Scope: Section 340 allows the court to take action if it believes that a party has committed an offense punishable under Section 191 IPC (perjury), Section 192 IPC (fabricating false evidence), Section 193 IPC (punishment for false evidence), or related provisions regarding false documents and forgery.

Application of Section 340 in Maintenance and Family Cases:

1. Maintenance Claims (Section 125 CrPC):

- False claims regarding income or assets: In maintenance proceedings, if a spouse (often the husband) hides his income or submits false documents to show lower income in order to avoid paying maintenance, the other party can seek action under Section 340 CrPC for perjury or submission of false evidence.

2. Divorce Proceedings:

- False statements in affidavits or pleadings: If a party makes false allegations about cruelty, desertion, or any other matrimonial matter, Section 340 can be invoked.

3. Child Custody:

- Fabricating evidence or making false claims regarding the welfare of the child can also be dealt with under Section 340 CrPC.

4. Dowry Cases or Domestic Violence Act Cases:

- If false accusations are made under the Dowry Prohibition Act or the Domestic Violence Act, and it is proven that the claims were fabricated or based on false evidence, Section 340 CrPC may be invoked to initiate criminal proceedings for perjury.

Legal Procedure Under Section 340 CrPC:

1. Application: Either of the parties can file an application under Section 340 CrPC if they believe that false evidence or documents have been produced before the court.

2. Preliminary Inquiry: The court is required to conduct a preliminary inquiry to determine whether a prima facie case exists for initiating criminal proceedings.

3. Filing of Complaint: If the court finds merit in the application, it will file a complaint before a Magistrate to initiate criminal proceedings against the party who has committed perjury or forgery.

Judgments Upholding Section 340 CrPC in Family and Maintenance Cases:

1. Amarsang Nathaji vs. Hardik Harshadbhai Patel (2017):

- Supreme Court Judgment: In this case, the Supreme Court emphasized that Section 340 CrPC must be invoked carefully and not as a tool to settle scores between the parties. The court held that before initiating proceedings under Section 340, a preliminary inquiry must reveal that the offense of perjury is prima facie established. The case clarified that filing a false affidavit or making false claims to mislead the court is a serious matter and should not be treated lightly.

2. Sushil Kumar vs. Rakesh Kumar (2003):

- In this case, the Delhi High Court dealt with the issue of false affidavits and false evidence submitted in family matters. The court noted that family disputes often involve exaggerated claims, but submitting false evidence to influence the outcome is a serious offense. The court upheld the use of Section 340 CrPC to initiate perjury proceedings against a party who submitted false income statements in a maintenance case.

3. Santokh Singh vs. Izhar Hussain (1973):

- Although not directly a family or maintenance case, this Supreme Court ruling is crucial in interpreting the scope of Section 340 CrPC. The court held that a party’s act of deliberately submitting false evidence before the court damages the judicial process, and therefore, action under Section 340 CrPC is necessary to maintain the integrity of the legal system.

4. Shobha Rani vs. Madhukar Reddi (1988):

- In this landmark judgment, the Supreme Court emphasized the importance of honesty in matrimonial matters and divorce cases. The court held that making false statements about cruelty or dowry demands with the intent to mislead the court can attract penal provisions, including Section 340 CrPC.

5. Chandra Pal vs. State of UP (2014):

- The Allahabad High Court, in this case, observed that the practice of filing false affidavits and making misleading statements in family court matters was rampant. The court ruled that such instances of perjury needed to be dealt with strictly and upheld the lower court's decision to initiate action under Section 340 CrPC.

6. Meena vs. State (2012):

- In a case involving maintenance under Section 125 CrPC, the Delhi High Court dealt with false affidavits related to income and employment. The court directed the trial court to take action under Section 340 CrPC against the husband, who had submitted forged documents to avoid paying maintenance to his wife.

7. K. Karunakaran vs. T.V. Eachara Warrier (1978):

- Although primarily a political case, the Supreme Court dealt with the broader implications of filing false affidavits and perjury. The court reiterated that the justice system must not be misused by parties through false statements, and invoking Section 340 CrPC is necessary to ensure that perjury does not go unpunished.

Points to Consider in Section 340 CrPC Applications in Family Cases:

1. Burden of Proof:

- The applicant must provide strong evidence showing that the other party deliberately made false statements or submitted fabricated documents.

2. Nature of the Offense:

- Section 340 CrPC should only be invoked when the false evidence or forgery affects the outcome of the case. Minor inconsistencies or exaggerations may not warrant action under this section.

3. Judicial Discretion:

- Courts have discretion to decide whether to initiate proceedings under Section 340 CrPC. They must ensure that it is not being used as a tool for harassment or revenge in matrimonial disputes.

4. Preliminary Inquiry:

- The court must conduct a preliminary inquiry to determine whether there is a prima facie case of perjury or forgery before forwarding the matter for criminal proceedings.

Conclusion:

Section 340 CrPC plays a critical role in upholding the sanctity of judicial proceedings, including in family and maintenance cases, by providing a legal mechanism to punish those who attempt to mislead the court with false evidence. Courts have upheld the use of this section in various cases to ensure that justice is not compromised by falsehoods, especially in sensitive matters like divorce, maintenance, and child custody, where honesty and transparency are crucial for fair adjudication. However, this section should be invoked with caution, ensuring that it is not misused as a retaliatory tool.