CRIMINAL LAW - WHAT IS THE CRPC SECTION TO FILE COMPLAINT AGAINST A FALSE AFFIDAVIT

    CRPC SEC. 340 - PROCEDURE IN CASES MENTIONED IN SECTION 195

    SECTION 340 IN THE CODE OF CRIMINAL PROCEDURE, 1973

    340. PROCEDURE IN CASES MENTIONED IN SECTION 195.

  1. When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
    1. record a finding to that effect;
    1. make a complaint thereof in writing;
    1. send it to a Magistrate of the first class having jurisdiction;
    1. take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
    1. bind over any person to appear and give evidence before such Magistrate.
  1. The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195.
  1. A complaint made under this section shall be signed,-
    1. where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
    2. in any other case, by the presiding officer of the Court.
  1. In this section," Court" has the same meaning as in section 195.

 

CASE LAWS

  1. Complaint under Section 340 Cr.PC can be filed for false affidavit in support of an application to set aside ex parte decree. 1980 Cr.LJ 842
  1. Section 340 Cr.PC cannot be used to satisfy personal feelings of vindictiveness. 1988 (3) Crimes 330.
  1. Offence affecting administration of justice under Land Acquisition Act by using forged documents - Court not under obligation to afford opportunity of hearing to claimants before filing complaint before Magistrate for initiating prosecution proceedings. AIR 2002 SC 236.
  1. Complaint against person making false affidavit and adducing false evidence before Court. 2001 (9) SCC 742.
  1. The Court at the stage of Section 340 is not deciding the guilt or innocence of the party against whom proceedings are to be taken before the Magistrate. AIR 2002 SC 236.
  1. Locus standi. 2003 Cr.LJ 820.
  1. Arbitrator not a Court. AIR 2001 SC 1820.
  1. Enquiry under Section 340 for offences under Section 195 in relation to offences in the context of compensation under L.A. Act discussed. 2007 Cr.LJ 289 (SC).
  2. Order taking cognizance against accused by applying Sec. 195 Cr.PC and resorting to Sec. 340 Cr.PC - Quashed. AIR 2010 SC 812.
  1. Rent Controller discharges quasi-judicial function and hence cannot make a complaint under Section 340 Cr.PC. AIR 2012 SC 406.
  1. For prosecution of offence under Section(s) 177, 182, 195 IPC, the bar under Section 195 Cr.PC is not applicable. AIR 2012 SC 2513.