Difference Between 340 Application And Case Under 340

932 votes

Hello! There is no separate case filed for 340 Cr.P.C. An application needs to be made before the trial court in which your case is pending. However, if the buyer thinks it fit, it may register it as a separate case for easy adjudication.

Advocate Puneet Srivastava LawRato

987 votes

Section 340 and maintenance cases serve different legal purposes under Indian law. Section 340 CrPC Case Purpose: Section 340 of the Code of Criminal Procedure (CrPC) allows the court to take action against false evidence or documents submitted in court proceedings. It is intended to prevent perjury and punish individuals for fabricating or falsifying information during judicial proceedings. Procedure: A 340 application can be filed if there’s reason to believe someone has committed perjury or submitted forged documents. If the court finds merit, it can order a preliminary inquiry, then decide whether to prosecute the individual. Key Differences Nature: Section 340 deals with perjury (a criminal offense), while maintenance cases deal with family support (a civil obligation). Relief: Section 340 aims to punish wrongdoers for falsifying records; maintenance cases aim to ensure financial support. These cases may be related if perjury affects a maintenance proceeding, they remain separate in purpose and proceedings.

Advocate Jayatee Chatterjee LawRato