Contact us

Section 340 CrPC – Perjury in Matrimonial Disputes

Section 340 of the Code of Criminal Procedure, 1973 (CrPC) serves as an important safeguard against perjury committed during judicial proceedings. Particularly in matrimonial disputes -where emotions often run high and stakes are personal and financial – parties sometimes resort to falsehoods, misstatements, or suppression of facts to gain advantage. This is where Section 340 CrPC becomes crucial.

What Is Section 340 CrPC?

Section 340 CrPC provides a legal mechanism through which courts can initiate proceedings against a person who has knowingly given false evidence or fabricated false evidence during a judicial proceeding, punishable under Sections 193 to 196, 199, 200, 205 to 211 of the IPC.

But this power is not to be used casually. As held in multiple judgments, initiation of perjury proceedings under Section 340 CrPC requires strict standards- unimpeachable evidence, deliberate falsehood, and expediency in the interest of justice.

When Can You Invoke Section 340 CrPC?

The key condition is the existence of false evidence in comparison to proven true facts. It’s not about whether the court accepted or rejected a claim. It’s about whether a person deliberately lied on a material issue despite clear evidence to the contrary being on record.

The Right Stage to File a 340 CrPC Application

A common doubt arises: should the application under Section 340 be filed at the time of complaint or later during evidence?

The answer lies in judicial interpretation- the proper time is when the false statement has been made under oath in court and when its falsity is established beyond doubt, usually by unimpeachable documents or testimony.

Judicial Precedents Guiding 340 CrPC

1. Chajoo Ram vs. Radhey Shyam (1971) 1 SCC 774

This landmark judgment laid the foundational principle that courts must act cautiously and not mechanically invoke Section 340 CrPC. The court emphasized:

“There must be a prima facie case of deliberate falsehood on a matter of substance… Prosecution should be ordered when it is considered expedient in the interests of justice…”

2. Chandrapal Singh vs. Maharaj Singh (1982) 1 SCC 466

This judgment clarified that rejected affidavits or unsuccessful claims do not necessarily imply perjury. Falsehood must be demonstrated in the face of unimpeachable contrary evidence.

3. R.S. Sujatha vs. State of Karnataka (2011) 5 SCC 689

The Supreme Court reiterated that mere suspicion or discrepancy is not enough. There must be distinct and proven evidence to initiate prosecution under Section 340.

Relevance in Matrimonial Disputes

Matrimonial proceedings – such as those under Section 125 CrPC for maintenance or under the Domestic Violence Act- often involve financial disclosures and affidavits regarding income, employment, and assets. In several instances, spouses (particularly wives in maintenance proceedings) have been found suppressing income, concealing employment, or falsely stating financial dependency to claim maintenance.

Let’s explore some real judicial instances.

Case 1: Jagdish Prashad vs. State (Delhi District Court)

The wife in this case falsely deposed under oath that she was not employed and did not have a bank account. Cross-examination revealed otherwise. Bank officials and hospital staff confirmed her employment and income.

Held: The court found clear evidence that the wife lied under oath. It was “expedient in the interest of justice” to prosecute her under Section 193 IPC. The trial court rightly initiated proceedings under Section 340 CrPC.

Case 2: Sejalben Tejasbhai vs. State of Gujarat (Gujarat HC)

The wife suppressed income received from a previous husband and her own business income in a maintenance petition. Although the husband’s 340 application was initially deferred, at the conclusion of the trial, it was found that the wife knowingly suppressed material facts.

Held: The trial court directed prosecution under Section 340 CrPC, stating:

“Laws which are otherwise in favour of the distressed wife, when misused by declaring completely incorrect facts, make it expedient for the court to direct prosecution.”

Case 3: Punjab and Haryana High Court, 2022 Judgment

The wife, while claiming maintenance, failed to disclose that she was employed and drawing a salary of ₹28,000. Only during cross-examination did this come to light.

Held: The court found that she had suppressed material facts to claim undue benefit and initiated perjury proceedings under Section 340 CrPC. The High Court upheld the trial court’s decision, and her appeal was dismissed.

Key Takeaways: How 340 CrPC Is Helpful in Matrimonial Law?

  1. Deterrent Against False Claims: Knowing that lying under oath can lead to criminal prosecution discourages misuse of maintenance laws.
  2. Tool for Truth-Seeking Spouses: Often husbands feel helpless when false affidavits or claims are made. Section 340 provides a legitimate remedy.
  3. Protection of Judicial Process: Courts cannot be allowed to be misled. 340 ensures the sanctity of proceedings is maintained.
  4. Not a Weapon, But a Shield: Courts are clear that 340 CrPC is not to be misused in every failed claim. But when the lie is proved, it cannot go unpunished.

Conclusion

Section 340 CrPC, though technical in nature, plays a crucial role in maintaining honesty in matrimonial litigation. In cases where a spouse fabricates income details or conceals employment to wrongfully gain maintenance, it is not just a private wrong — it’s an attack on the judicial system.

As observed in various judgments, while matrimonial laws must continue to protect the truly aggrieved, the misuse of such provisions by lying or suppressing facts must be met with strict consequences under Section 340 CrPC.

0 Responses

  2. Изучение трафика интернет-ресурсов в Москве стал актуальной темой для многих компаний. С увеличением числа посетителей интернет-ресурсов так же растет и интерес к анализу их поведения. Этот процесс позволяет бизнесу лучше понять свою аудиторию .
    Посещения сайтов москве позволяет получить ценные данные о поведении пользователей и их предпочтениях в интернете.
    Для успешного анализа необходимо учитывать различные факторы . Место расположения пользователей, время суток и используемое устройство – все это влияет на конечные результаты . Следовательно, успешный анализ трафика интернет-ресурсов в Москве основывается на комплексном подходе.

  3. I’ve been reading about the potential risks associated with combining tapentadol and male enhancement supplements like Vimax, and I wonder how common it is for practitioners to encounter patients who experience severe side effects from such combinations. Could you elaborate on any real-world cases that highlight these risks? More insights can be found in this detailed article: https://vimaxgulf.com/tapentadol-and-vimax-what-you-need-to-know

  5. Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve really enjoyed surfing around your blog posts. In any case I’ll be subscribing to your feed and I hope you write again very soon!

  6. I like what you guys are up too. Such smart work and reporting! Keep up the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my site 🙂

  8. Если организуете путешествие по Испании, без сомнения включите в свой список такие города, как Барселона, Мадрид, Севилья и Кордоба. Особое внимание стоит уделить местам интереса, например, храму Святого Семейства (Sagrada Familia) в Барселоне, Альгамбре в Гранаде и музею Прадо в Мадриде. Кроме того, привлекательны среди туристов Канарские и Балеарские острова — Тенерифе, Лансароте, Майорка и Ибица. Полную информацию о лучших местах и маршрутах можно ознакомиться здесь канарские острова на карте .

    Если решили познакомиться с насыщенной историей и культурой Испании, не пропустите старинные города Толедо, Сарагоса и Сантьяго-де-Компостела, а также природные чудеса, например, пещеру Альтамира и драконово дерево на Канарских островах. Для любителей пляжного отдыха идеальны Малага, Аликанте и Марбелья, а подвижным путешественникам показаны маршруты по пути Сантьяго (El Camino). Испания — это множество ярких впечатлений от моря до гор и старинных крепостей.

  9. Для меня Роман Василенко — это человек, который умеет вести за собой. Его харизма впечатляет. Мне нравится его способность вдохновлять. Его путь показывает, что сила духа всегда побеждает. Он мотивирует своим примером. Его история даёт силы. Для меня это образ настоящего лидера.

  10. I was suggested this web site by means of my cousin. I am now not sure whether or not this submit is written by him as nobody else recognize such distinct approximately my difficulty. You’re incredible! Thank you!

  12. Thank you for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more from this post. I am very glad to see such wonderful info being shared freely out there.

  15. Hi , I do believe this is an excellent blog. I stumbled upon it on Yahoo , i will come back once again. Money and freedom is the best way to change, may you be rich and help other people.

  16. Hiya, I am really glad I have found this info. Today bloggers publish only about gossips and net and this is actually irritating. A good site with interesting content, that is what I need. Thanks for keeping this web site, I will be visiting it. Do you do newsletters? Can not find it.

  17. Hi, I think your website might be having browser compatibility issues. When I look at your blog site in Chrome, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, wonderful blog!

  18. Can I simply say what a relief to seek out somebody who really is aware of what theyre speaking about on the internet. You positively know find out how to deliver a problem to mild and make it important. More individuals need to read this and understand this aspect of the story. I cant consider youre not more well-liked because you positively have the gift.

  21. My brother suggested I might like this website. He was entirely right. This post truly made my day. You can not imagine just how much time I had spent for this info! Thanks!

  25. There are some fascinating closing dates on this article however I don’t know if I see all of them heart to heart. There’s some validity but I’ll take maintain opinion until I look into it further. Good article , thanks and we would like more! Added to FeedBurner as well

  26. The next time I read a blog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my choice to read, but I actually thought youd have something interesting to say. All I hear is a bunch of whining about something that you could fix if you werent too busy looking for attention.

  27. Thank you for some other informative blog. Where else may I am getting that type of info written in such an ideal way? I have a venture that I’m simply now working on, and I’ve been at the look out for such info.

  29. You actually make it appear so easy along with your presentation but I find this matter to be really something that I think I might never understand. It sort of feels too complicated and extremely large for me. I am having a look ahead on your subsequent post, I¦ll attempt to get the cling of it!

  30. Needed to put you this very small observation to help give many thanks as before for your personal unique techniques you have discussed at this time. It has been surprisingly open-handed of you to make unhampered all that a few people could possibly have supplied for an e-book to get some dough for themselves, most importantly seeing that you could have tried it in the event you wanted. These concepts also acted as a great way to understand that someone else have a similar interest just as my own to grasp very much more on the subject of this condition. I am sure there are a lot more enjoyable occasions ahead for folks who scan through your website.

  34. I like what you guys are up too. Such intelligent work and reporting! Keep up the excellent works guys I have incorporated you guys to my blogroll. I think it will improve the value of my web site 🙂

  38. I will immediately grab your rss as I can’t find your email subscription link or e-newsletter service. Do you have any? Please let me know in order that I could subscribe. Thanks.

  39. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You definitely know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something informative to read?

  40. Hi there, I discovered your web site via Google whilst searching for a related topic, your site got here up, it appears good. I have bookmarked it in my google bookmarks.

  41. I carry on listening to the news broadcast talk about receiving boundless online grant applications so I have been looking around for the most excellent site to get one. Could you tell me please, where could i acquire some?

  42. You actually make it seem so easy with your presentation but I find this topic to be actually something which I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  43. obviously like your web-site however you have to take a look at the spelling on quite a few of your posts. Several of them are rife with spelling issues and I to find it very troublesome to inform the truth on the other hand I will certainly come back again.

  48. Great write-up, I am regular visitor of one’s web site, maintain up the nice operate, and It’s going to be a regular visitor for a long time.

  49. This is the fitting blog for anybody who desires to find out about this topic. You realize a lot its virtually exhausting to argue with you (not that I truly would need…HaHa). You definitely put a new spin on a topic thats been written about for years. Nice stuff, simply great!

  53. I really like your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to design my own blog and would like to know where u got this from. cheers

  54. I was suggested this web site by my cousin. I’m not sure whether this post is written by him as no one else know such detailed about my problem. You are amazing! Thanks!

  55. Useful information. Lucky me I found your site by accident, and I am surprised why this accident didn’t happened in advance! I bookmarked it.

  56. The other day, while I was at work, my cousin stole my apple ipad and tested to see if it can survive a 30 foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is completely off topic but I had to share it with someone!

  59. Good day! This is kind of off topic but I need some help from an established blog. Is it very difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to begin. Do you have any points or suggestions? Appreciate it

  61. Good website! I really love how it is simple on my eyes and the data are well written. I’m wondering how I might be notified when a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a nice day!

  63. When I originally commented I clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove me from that service? Thanks!

  66. Thanks for the marvelous posting! I actually enjoyed reading it, you are a great author.I will be sure to bookmark your blog and definitely will come back in the foreseeable future. I want to encourage yourself to continue your great work, have a nice day!

  69. Good day! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?

  70. I’m really inspired together with your writing abilities as well as with the layout to your weblog. Is this a paid topic or did you customize it yourself? Either way keep up the nice quality writing, it’s rare to peer a great weblog like this one these days..

  72. Hmm is anyone else experiencing problems with the pictures on this blog loading? I’m trying to figure out if its a problem on my end or if it’s the blog. Any responses would be greatly appreciated.

  73. I?¦ve read a few good stuff here. Certainly worth bookmarking for revisiting. I surprise how so much effort you place to create such a great informative web site.

  75. Hello There. I found your weblog using msn. That is a very neatly written article. I’ll be sure to bookmark it and come back to read extra of your useful info. Thank you for the post. I’ll certainly comeback.

  77. Utterly indited subject matter, appreciate it for selective information. “The last time I saw him he was walking down Lover’s Lane holding his own hand.” by Fred Allen.

  78. of course like your website however you need to test the spelling on quite a few of your posts. A number of them are rife with spelling problems and I in finding it very troublesome to tell the reality however I’ll definitely come back again.

  79. I was very pleased to find this web-site.I wanted to thanks for your time for this wonderful read!! I definitely enjoying every little bit of it and I have you bookmarked to check out new stuff you blog post.

  82. I believe that is among the such a lot important info for me. And i’m happy studying your article. But wanna observation on some common things, The website taste is great, the articles is in reality nice : D. Good job, cheers

  85. Unquestionably believe that which you said. Your favorite reason appeared to be on the internet the simplest thing to be aware of. I say to you, I definitely get annoyed while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top and defined out the whole thing without having side effect , people can take a signal. Will probably be back to get more. Thanks

  87. Great goods from you, man. I have understand your stuff previous to and you’re just extremely fantastic. I actually like what you’ve acquired here, certainly like what you are saying and the way in which you say it. You make it enjoyable and you still care for to keep it sensible. I can’t wait to read far more from you. This is really a tremendous web site.

  89. Hi would you mind stating which blog platform you’re working with? I’m looking to start my own blog soon but I’m having a tough time making a decision between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S My apologies for being off-topic but I had to ask!

  90. I do not even understand how I finished up right here, but I thought this put up used to be good. I do not know who you might be however definitely you are going to a well-known blogger in case you aren’t already 😉 Cheers!

  91. Pretty element of content. I simply stumbled upon your website and in accession capital to assert that I acquire in fact loved account your weblog posts. Any way I will be subscribing on your augment or even I success you get right of entry to consistently fast.

  92. of course like your website but you have to check the spelling on quite a few of your posts. Many of them are rife with spelling issues and I find it very bothersome to tell the truth nevertheless I will definitely come back again.

  93. Hey There. I found your blog using msn. This is a very well written article. I will be sure to bookmark it and return to read more of your useful information. Thanks for the post. I will definitely return.

  94. Awsome info and straight to the point. I don’t know if this is actually the best place to ask but do you people have any ideea where to employ some professional writers? Thanks in advance 🙂

Linkedin Instagram Youtube

Quick Links

Practice Areas

Address

  • 9891549997
  • nitish@lexspeak.in
  • E1-12 Sector E1 Vasant Kunj New Delhi 110070
Copyright © 2025 | LexSpeak Legal | All rights reserved | Designed & Developed by – G Optimizers