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Note on section 340 Crpc

Note on section 340 crpc

    • Applicant must read the relevant Bare acts i.e., 340, 195, 250 and 357 of CrPC and 191 to 211 of IPC (191, 192, 193 in particular) to get thorough understanding of it.
    • S 193 of IPC is for Punishment for false evidence, which could be in the form of a forged document or a false statement given on oath (either in witness box or affidavit signed by an oath officer including 164 CrPC statement) etc. Although these sections do not talk about the impact of a false statement before accepting the complaint, but in reality perjury application will not be entertained if the false statement is not core and essential to determining the case or affects administration of justice. For ex in CrPC 125, where the self maintainability of the complainant is in question, a false statement stating that the complainant is unemployed, will amount to perjury. Whereas for the same false statement made in a different civil case, it is very unlikely that perjury will be accepted.
    • S 340 and 195 of CrPC deal with the process to be followed in case of such a fraud happens in Judicial Proceedings and which specific IPC sections can be invoked.
    • S 250, 342 and 357 of CrPC give the Applicant, the option to claim damages and compensation if he can concretely prove that injury has in fact happened to the deponent due to this exact false statement in question. This has to be clearly articulated in the perjury application.
    • The process to be followed in case of a perjury:
      1. The Applicant gives a written application to the Presiding Officer (Judge) giving details on the fraud committed on the court by the complainant or any witness. Such a complaint should clearly mention the below:
        1. i) What exactly is the false statement.
        2. ii) How exactly is the statement core to the case and it being essential to determine the falsehood of the statement before proceeding with the case./li>
        3. iii) What is the evidence presented to the court, for it to believe that fraud has in fact been committed prima facie.
    1. iv) Was the false statement deposed with a clear intent to commit fraud on court to obtain reliefs illegally or affects course/administration of justice
    2. v) What does the Applicant pray to the court.
    1. On receiving the complaint, the Presiding Officer is not bound to accept the complaint. Only when he is convinced that it is in fact prima facie true that fraud has been committed and it is expedient to file a complaint in the interest of administration of Justice, will he accept the application for a preliminary inquiry and send notice to OP once a preliminary inquiry is completed and offence is prima facie found to be committed, the court records its findings and send it to the registrar who makes a written complaint to Magistrate having jurisdiction for further action. At this step, the registrar can also register an FIR in the local police station against the complainant, if he believes that an enquiry by an investigating agency is required to determine the falsehood of the statement.
  1. Post receiving the enquiry report by the registrar/Police, Chief judicial magistrate becomes the complainant and registers a new case against the contemnor(s) under appropriate IPC section read along with 195 and 340 of CrPC. Since the CJM is the complainant, usually they do not accept perjury unless a good fight is fought and if they accept the application, it is almost a certainty that the contemnor will be convicted (punishment will be fine or jail or both).

 

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