Chapter XXVI
Section 340 CrPC: Procedure in cases mentioned in section 195
New Law Update (2024)
Section 351 BNSS
TRIAL COURT
Magistrate of the First Class
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest 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,
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) 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
(e) bind over any person to appear and give evidence before such Magistrate.
(2) 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.
(3) A complaint made under this section shall be signed—
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
(4) In this section, “Court” has the same meaning as in section 195.
Important Sub-Sections Explained
Section 340(1) CrPC
This sub-section empowers a court to initiate an inquiry and make a formal complaint to a Magistrate when it believes an offence, such as perjury or document fabrication (as listed in Section 195(1)(b)), has been committed in its proceedings and it is necessary for justice. It outlines the specific steps the court must follow, including preliminary inquiry, recording findings, and sending the accused or securing their appearance.
Section 340(2) CrPC
This sub-section grants a superior court the authority to exercise the powers of Section 340(1) if the subordinate court, to which it is hierarchically linked, has neither initiated a complaint itself nor rejected an application for such a complaint regarding the offence.
Landmark Judgements
Pritish Nandy v. State of Maharashtra (1994):
This case highlighted that the power under Section 340 CrPC is discretionary and should only be exercised when the court forms an opinion that it is ‘expedient in the interest of justice’ to initiate an inquiry, not as a matter of routine.
M.S. Ahlawat v. State of Haryana (2000):
The Supreme Court clarified that the court’s power under Section 340 CrPC is primarily to investigate offences related to its own proceedings, such as giving false evidence, and emphasizes the procedural requirements for initiating such action.
N. Natarajan v. B.K. Subba Rao (2003):
This judgment reiterated the importance of preliminary inquiry, though discretionary, in forming the necessary opinion of ‘expediency in the interest of justice’ before a court proceeds to make a complaint under Section 340 CrPC.