CrPC/BNSS:The Code of Criminal Procedure (CrPC), enacted in 1973 and effective from 1 April 1974, served as the primary law governing the procedural aspects of criminal law in India. It outlines processes for criminal investigation, apprehension of suspects, evidence collection, trial proceedings, punishment, and preventive measures related to public nuisance and maintenance of dependents.

On 11 August 2023, a Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was introduced in the Lok Sabha. The CrPC was officially replaced by the BNSS on 26 December 2023, signaling a significant change in India's criminal procedural framework.

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.

Section 313 of the Criminal Procedure Code (CrPC)

The judgment primarily focused on the importance of Section 313 of the Code of Criminal Procedure (CrPC) and how it should be applied in a fair manner to uphold the accused's rights. Section 313 CrPC confers a valuable right upon the accused. It cannot be treated merely as part of the audi alteram partem (the principle of hearing both sides). Instead, it gives the accused the opportunity to explain circumstances and evidence brought against them, thereby establishing their innocence.