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Section 340 CrPC Overview Section 340 of the Criminal Procedure Code (CrPC) empowers courts to order an inquiry or a complaint to investigate whether an offense has been committed, particularly in cases involving false statements or submissions. It primarily functions as a safeguard to prevent abuse of the legal process by false accusations or submissions. The section allows courts to initiate proceedings if they find it expedient and justified in the interest of justice.References: ["GURURAJ vs RASHMI - Karnataka"], ["ASHOK Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka"], ["K SAMBASIVAN vs THE STATE OF KARNATAKA - Karnataka"], ["SRI. MALLAPPA S/O SHIVALINGAPPA NAVI Vs THE SPECIAL LAND ACQUISTION OFFICER - Karnataka"], ["SANGAMESH S/O. SIDAGOUDA GHULAPPANAVAR vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 21086"]
Preliminary Enquiry Requirement The Supreme Court and various High Courts have clarified that Section 340 does not mandatorily require a preliminary enquiry in every case. Courts have discretion to hold such enquiry based on the facts and expediency of justice. For example, in Jasbir Singh and Iqbal Singh Marwah cases, it was held that the court must consider whether an enquiry is necessary and expedient, rather than automatically conducting one.References: ["ASHOK Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka"], ["K SAMBASIVAN vs THE STATE OF KARNATAKA - Karnataka"], ["GURURAJ vs RASHMI - Karnataka"], ["SANGAMESH S/O. SIDAGOUDA GHULAPPANAVAR vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 21086"], ["Priyadarshini Amrita Panda VS Biswajit Pati - Crimes"]
Procedure and Discretion The court's decision to proceed under Section 340 depends on whether it finds the case suitable for inquiry, considering factors like expediency and justice. The section provides a procedural safeguard against frivolous or false complaints. Courts have the authority to dismiss applications if they find no sufficient grounds or if the complaint lacks merit.References: ["GURURAJ vs RASHMI - Karnataka"], ["ASHOK Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka"], ["Priyadarshini Amrita Panda VS Biswajit Pati - Crimes"]
Penalties and Consequences While Section 340 itself does not specify explicit penalties, its invocation can lead to criminal proceedings if the inquiry finds that false evidence or submissions were knowingly made, potentially resulting in prosecution under relevant sections such as perjury or false statement provisions. The section acts as a preventive measure against misuse of the judicial process.References: ["GURURAJ vs RASHMI - Karnataka"], ["ASHOK Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka"], ["K SAMBASIVAN vs THE STATE OF KARNATAKA - Karnataka"]
Appeal and Further Proceedings If proceedings are initiated under Section 340, the aggrieved party can appeal under Section 341 CrPC. Courts have emphasized that the initiation of proceedings under Section 340 is subject to judicial discretion and must be based on a prima facie case.References: ["INDKAR00000202110"], ["SANGAMESH S/O. SIDAGOUDA GHULAPPANAVAR vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 21086"]
Section 340 of CrPC provides a mechanism for courts to investigate and prevent abuse through false statements or submissions, with the discretion to hold preliminary enquiries based on the merits of each case. The Supreme Court and High Courts have consistently held that such enquiries are not mandatory in all cases but should be conducted only when justified by expediency and interest of justice. Penalties are consequential upon findings of falsehood or misuse, but the section itself primarily functions as a preventive procedural safeguard. Parties aggrieved by proceedings under Section 340 can challenge them through appeals under Section 341 CrPC.
References:- Supreme Court judgments: Jasbir Singh, Iqbal Singh Marwah (2010) 15 SCC 290, Jasbir Singh (2022 SCC Online SC 1240)- High Court rulings: GURURAJ vs RASHMI - Karnataka, ASHOK Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka, K SAMBASIVAN vs THE STATE OF KARNATAKA - Karnataka, SANGAMESH S/O. SIDAGOUDA GHULAPPANAVAR vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 21086, Priyadarshini Amrita Panda VS Biswajit Pati - Crimes
In the realm of Indian criminal law, questions like Sec 340 Crpc me Penalty—or What is the penalty under Section 340 of the CrPC?—often arise, especially in cases involving false statements or fabricated evidence in court proceedings. Many assume this section directly punishes such misconduct, but the reality is more nuanced. Section 340 of the Code of Criminal Procedure (CrPC), 1973, serves as a procedural tool rather than a penal provision. It empowers courts to conduct preliminary inquiries into offences like perjury or forgery related to court proceedings, but it does not prescribe any punishment itself. Actual penalties stem from substantive laws like the Indian Penal Code (IPC) K. Karunakaran VS T. V. Eachara Warrter - 1977 0 Supreme(SC) 336Ram Kishore VS State of Rajasthan - 2004 0 Supreme(Raj) 513.
This blog post breaks down the section's role, clarifies the absence of direct penalties, explores linked IPC provisions, and draws insights from judicial precedents and related cases. Whether you're a litigant, lawyer, or curious reader, understanding this can prevent common misconceptions.
Note: This is general information based on legal interpretations and is not specific legal advice. Consult a qualified lawyer for your situation.
Section 340 CrPC outlines the procedure for inquiring into offences mentioned in Section 195(1)(b) CrPC, such as giving false evidence, fabricating false evidence, or offences against public justice committed in or in relation to a proceeding in that Court. Courts may initiate this on application or otherwise if it's expedient in the interests of justice BHIMA RAZU PRASAD VS STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II - 2021 2 Supreme 742.
Key elements include:- Preliminary inquiry: The court assesses if an offence appears committed.- Recording findings: If prima facie case exists, the court makes a complaint and forwards it to a Magistrate.- Discretionary power: Courts consider 'expediency,' not obligation MANASA BEHERA vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 296. For instance, a Sessions Judge in Chatrapur refused action under Section 340, noting it requires considering expediency, which neither trial nor appellate courts found warranted MANASA BEHERA vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 296.
As stated: Sec.340 of the CrPC if carefully gone through refers to expediency, which the Court concerned has to consider to pass an order directing to initiate a proceeding U/S. 340 of CrPC MANASA BEHERA vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 296.
A core finding: Section 340 CrPC does not specify any penalty or punishment. It is purely procedural, facilitating inquiry and potential prosecution under substantive laws Ram Kishore VS State of Rajasthan - 2004 0 Supreme(Raj) 513Joseph B Braganza VS State Of Goa - 2023 0 Supreme(Bom) 748. Penalties arise post-inquiry via IPC sections for the underlying offence.
The Supreme Court has clarified: Proceedings under Section 340 are not criminal trials but preliminary steps. In one case, it quashed Section 340 notices, stressing they are procedural and penalties follow substantive law prosecution Joseph B Braganza VS State Of Goa - 2023 0 Supreme(Bom) 748.
Offences triggering Section 340 inquiries—false evidence or fabrications—are penalized under IPC:- Section 191 IPC: Fabricating false evidence to cause wrongful conviction.- Section 192 IPC: Abetment of fabricating false evidence.- Section 193 IPC: Punishment for giving or fabricating false evidence—imprisonment up to 7 years and fine, depending on context Ram Kishore VS State of Rajasthan - 2004 0 Supreme(Raj) 513.
These apply after Section 340 inquiry leads to trial. Penalties for offences like fabricating false evidence are under IPC Sections 191, 192, 193, and that Section 340 is a procedural inquiry, not a penal provision Ram Kishore VS State of Rajasthan - 2004 0 Supreme(Raj) 513.
The Supreme Court emphasizes Section 340's limits. It guards against baseless prosecutions, requiring court-initiated complaints for perjury or forgery in court-related matters BHIMA RAZU PRASAD VS STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II - 2021 2 Supreme 742. Section 195(1)(b)(ii) with Section 340 applies only to offences on documents produced or given in evidence in a proceeding in any court, or in custody of court BHIMA RAZU PRASAD VS STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II - 2021 2 Supreme 742.
Section 195(1)(b)(ii) read with Section 340(1), Cr.P.C. will only apply in respect of offences which are committed during the time when document concerned was custodia legis or in custody of Court BHIMA RAZU PRASAD VS STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II - 2021 2 Supreme 742.
In disproportionate assets cases, courts scrutinized fabricated defences post-seizure, but penalties followed IPC/PC Act, not Section 340 directly BHIMA RAZU PRASAD VS STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II - 2021 2 Supreme 742.
In murder appeals, courts noted disbelieved witness evidence but left Section 340 action to trial judge Islam Son Of Late Md Mushir VS State Of Bihar - 2010 Supreme(Pat) 111.
Section 340 CrPC is a gateway for justice administration, not a penalty clause. It ensures measured response to court-tainting offences, with IPC providing teeth Ram Kishore VS State of Rajasthan - 2004 0 Supreme(Raj) 513. Misusing it can lead to dismissals, as courts prioritize expediency and procedure. Stay informed on these nuances to navigate legal proceedings effectively.
For deeper dives, review cited judgments. Always seek professional advice tailored to your case.
#Section340CrPC #FalseEvidenceLaw #CrPCGuide
(OLD) U/SEC 528 OF BNSS, PRAYING TO, DIRECT THE LD PRINCIPAL JUDGE, FAMILY COURT, KALABURAGI TO PROCEED WITH THE COMPLAINT U/SEC 340 OF CR.P.C BEFORE PROCEEDINGS WITH THE MAIN PROCEEDINGS U/SEC 125 OF CPC IN CRL MISC NO.6/2020. ... thereafter proceed further as provided under in Sub-Sections (2) and (3) of Section 340 of Cr.P.C. ... This Court in Criminal Petition No.2....
Sessions Judge, Chatrapur, Ganjam refusing to act in terms of Sec. 340 of the CrPC. 2. ... Further, Sec. 340 of the CrPC if carefully gone through refers to expediency, which the Court concerned has to consider to pass an order directing to initiate a proceeding U/S. 340 of CrPC, but not only the learned trial Court, but also the Appellate Court has re....
Admittedly, there is an order under Sec. 340 Cr.P.C. and consequently, Annexure-A1 complaint is filed. As per Sec. 341 Cr.P.C., an appeal is maintainable against such proceedings. This Court in order dated 23.08.2024 in Crl.M.C. No.5127/2016 considered this point in detail. ... Hence, the complaint is filed by the Sheristadar of Motor Accidents Claims Tribunal, invoking the powers under Sec#HL_E....
Jagmohan Dalmiya and Others reported in (2010) 15 SCC 290 wherein the Apex Court dealing u/S 195 and 340 of Cr.P.C. have set some guidelines referring to Sec. 340 ... Even on careful perusal of Sec. 340 of Cr.P.C., before referring the complaint in writing to the jurisdictional Criminal Court, CrPC, the learned Single Judge did not conduct a p....
AND TO CONDUCT THE PRELIMINARY ENQUIRY IN TERMS OF SEC 340(1) OF THE CRPC 1973 ANNEXURE-K. ... CIVIL JUDGE AND JMFC, KOLAR TO CONSIDER THE APPLICATION FILED BY THE PEITTIONER UNDER SEC 340(1) Cr.P.C. ... of Cr.P.C, for initiating action against the fourth respondent. ... of Cr.P.C and dispose it of, in accordance with law, at the earliest.
Admittedly, there is an order under Sec. 340 Cr.P.C. and consequently, Annexure-A1 complaint is filed. As per Sec. 341 Cr.P.C., an appeal is maintainable against such proceedings. This Court in order dated 23.08.2024 in Crl.M.C. No.5127/2016 considered this point in detail. ... Hence, the complaint is filed by the Sheristadar of Motor Accidents Claims Tribunal, invoking the powers under Sec#HL_E....
.340 of CrPC and the Commission below cannot initiate action U/s.340 of CrPC at the instance of Mr. ... AEE that he had submitted false things and thereby committed offence U/s.340 of CrPC for which he cannot invoke the provisions of Sec ... AEE that he had submitted false things and thereby committed offence U/s.340 of CrPC for which he cannot invoke the provisions of Sec.340 of #HL_STA....
of Cr.P.C. have set some guidelines referring to Sec. 340 340 CrPC. ... Even on careful perusal of Sec. 340 of the application under Section 340 CrPC afresh in of Cr.P.C.
of the CrPC, but the learned trial Court ignoring aforesaid facts has erroneously dismissed the application of the appellant to proceed against the respondent in terms of Sec. 340 of the CrPC. ... For clarity, the paragraph-23 of the aforesaid judgment in Iqbal Singh Marwah(supra) is extracted hereunder;- “In view of the language used in Section 340 Cr.P.C. the Court is not bound to m....
And, Sec.340 Cr.P.C. by its very nature require initiation of action under Sec.195 Cr.P.C. only when the court consider it expedient to initiate an action, but not otherwise. ... In the given circumstances, the Courts below have come to the just conclusion that it was not expedient to initiate an action under Sec.340 Cr.P.C. ... 2.2 Now during the pen....
(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....
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 ....
take action while exercising jurisdiction under Sec.340 Cr. P. C. against d. W.1. In view of the aforesaid discussions, the evidence of D. W.1 does not inspire confidence, and as such, no benefit can be given to the appellants, particularly appellant, Bhola Pd. Singh. 28. Of course, while hearing the present appeal, we are not issuing any such direction but the same is only opinion of the Court. We are of the opinion that when the learned trial judge had already disbelieved t....
There is specific procedure which is to be followed while disposing of an application moved under section 340 of the Criminal Procedure Code. Sec.340 of the Criminal procedure Code reads as under:- Procedure in cases mentioned in Sec.195-- (1) When, upon an application made to it in this behalf or otherwise any Court is of the opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to to in cl (b) of sub-section (1) of ....
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 Sec.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 think....
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