पत्नी ने अगर कोर्ट में झूठ बोला तो 340 CrPC कैसे लगेगी

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Advocate Nitish Banka
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Section 340 CrPc is a way to get a relief in the cases of perjury. Now if witness deposes falsely in court then only 340 comes into picture.
When is the right time to apply in court?
Is it at the time of filing the complaint wherein the complainant deposes falsely or at the time of evidence when complainant deposes falsely before oath.
Well the requirement of 340 CrPC is when there is an unimpreachable evidence on record and the complainant deposes falsely with respect to that evidence.
This is means that there has to be a true evidence and in comparison to that there must be falsely deposed statement.
The law under Section 340 on initiating proceedings has been laid down in several of our judgments. Thus in Chajoo Ram vs. Radhey Shyam, (1971) 1 SCC 774, this Court, in para 7, stated:
No doubt giving of false evidence and filing false affidavits is an evil which must be effectively curbed with a strong hand but to start prosecution for perjury too readily and too frequently without due care and caution and on inconclusive and doubtful material defeats its very purpose. Prosecution should be ordered when it is considered expedient in the interests of justice to punish the delinquent and not merely because there is some inaccuracy in the statement which may be innocent or immaterial. There must be prima facie case of deliberate falsehood on a matter of substance and the court should be satisfied that there is reasonable foundation for the charge.
Chandrapal Singh and Others vs. Maharaj Singh and Another, (1982) 1 SCC 466, this Court, in para 14, stated:
That leaves for our consideration the alleged offence under Section 199. Section 199 provides punishment for making a false statement in a declaration which is by law receivable in evidence. We will assume that the affidavits filed in a proceeding for allotment of premises before the Rent Control Officer are receivable as evidence. It is complained that certain averments in these affidavits are false though no specific averment is singled out for this purpose in the complaint. When it is alleged that a false statement has been made in a declaration which is receivable as evidence in any Court of Justice or before any public servant or other person, the statement alleged to be false has to be set out and its alleged falsity with reference to the truth found in some document has to be referred to pointing out that the two situations cannot co-exist, both being attributable to the same person and, therefore, one to his knowledge must be false.
Rival contentions set out in affidavits accepted or rejected by courts with reference to onus probandi do not furnish foundation for a charge under Section 199, I.P.C. To illustrate the point, appellant 1 Chandrapal Singh alleged that he was in possession of one room forming part of premises No. 385/2. The learned Additional District Judge after scrutinising all rival affidavits did not accept this contention. It thereby does not become false. The only inference is that the statement made by Chandrapal Singh did not inspire confidence looking to other relevant evidence in the case. Acceptance or rejection of evidence by itself is not a sufficient yardstick to dub the one rejected as false.

[@LexspeakLegal]

whatsapp [phone]

[@aniljain8372]

Wife not submitted documents as per 91 CrPc allowed..Interim maintenance denied. Judgement require

[@thavanshkhandelwal2025]

I prefer to file as much as 340 with evidence annexure. Filing cross this will waste and motivate cheedwali Ko. Hence file as much as at any stage with evidence to get success.

[@AavegSheth]

Section 91

[@MrGujarvijay]

अगर पत्नी ने मुझ पर child custody application के रिप्लाय मैं बिना कोई सबुत गंदे आरोप लगाये हे ताकी मुझे चाइल्ड कस्टडी ना मिले तो मैं पक्के मेरे साईड के सबुत देके उसके cross examination के बाद ३४० crpc दाल सकता हुं क्या?

[@jasdeepsingh8180]

In the maintenance enhancement case filed 5 years ago, the wife, who hasn't worked for the past 7 years, completed her examination-in-chief in the first year. Subsequently, the court required an affidavit, in which she did not disclose any income or sources of income. Verified ITR records have been submitted to the court. When does this situation qualify for an application under Section 340?

[@LexspeakLegal]

confront it and then file

[@AnkitKumar-nu9xf]

I did a court marriage on 1 july 22. We were together in haridwar and rishikesh for 2 days . On 4 jul 22 i joined my duty in Guwahati. She stayed in her PG in meerut. Now she filed 156 crpc and said after marriage we went to my hometown and me alongwith my family members torchered her for dowry and she was kicked out by me on 21 july 22 from my home . But it is totally wrong. Second she mentioned that on 26 sep 22 i alongwith my father and some unknown persons. I beat her and fired a bullet with a desi katta. But i was in gurugram haryana on the same day which is 350km from her home. Can i apply 340 on her 156 petition.e also in er 125 petition she herself admitted that she stayed on for 2 das with me. Pl guide

[@MoonStarVlogs3]

91 k bad dal do

[@aayushmanmotivationgyan8207]

Sir wife said i dont work in sec24 and sec125 ..but her itr shows she was working and said i was beaten and thrown out of house in 498 and in 125 she said... sasural se nikle k bhag aayi..i have footage bhai beg k sath sath le gaya tha usko ..is it good ground of 340 and starting me hi kaga du application..please reply ❤

[@biplabsarkar9028]

Wife ne bola Husband ka 10 bigha land tha lekin koi land nehi e 340 crpc hoga kiya plz answer sir

[@rajlalsaroj4887]

Sar ji patni ka Aphayar hai to pati ke Virodh karene par patni mayake ja ke baith gayi hai aur pati ke bulane se nahin Aati hai aur ulta 125cepcDakhil kar dijiye hai to keya pati ke upar mentenas lagu ho sakta hai kya

[@TheVaibhavChandel]

DV case me Wife ko income affidavit dena zaruri hai jaise 125 me hota hai if yes den kitna time milta hai wife ko DV me income affidavit lagane ke liye please ispe video banaiye.

[@LexspeakLegal]

after reply income affidavit is ordered

[@UmeshKumar-wr1ld]

Sir ji agar wife ne fake domestic violence create ki haa.cross me us ka lai pakad me aa jai.then can i apply for crpc 340 with full evidence

[@LexspeakLegal]

yes

[@user-el2ur1db6s]

​@@LexspeakLegalSir, the wife made up an incident of two years ago and filed an FIR under false section 377, after two years, when the investigation ended, it was found to be false and ended with the charge sheet itself. A case under IPC 389 was filed against the wife, in which the wife defended herself. How will she do it, the evidence is on record in the FIR and chargesheet.