CrPC Section 340
CrPC Section 340 – Procedure in case of offences against public justice
Text of Section 340 (paraphrased for understanding):
When the Court thinks that a person has committed an offence against the administration of justice, such as giving false evidence or fabricating false evidence, it can initiate proceedings against that person by a special procedure laid down in this section.
Key Points of Section 340
Objective:
Section 340 deals with offences that affect the administration of justice, rather than ordinary criminal offences. These include:
Giving false evidence (perjury)
Fabricating false evidence
Causing any obstruction or interference with the judicial process
Who can initiate proceedings?
Only the Court itself can initiate proceedings under this section.
The Court cannot take cognizance of these offences on a private complaint, unlike normal criminal cases.
Procedure under Section 340:
The procedure is special and summary:
The Court must satisfy itself that there are sufficient grounds to believe that an offence has been committed against public justice.
It issues a notice to the person suspected of committing the offence.
The person is asked to show cause why proceedings should not be taken against them.
The Court may then frame charges and conduct a summary trial for the offence.
Punishment:
The punishment is as per the relevant sections of the Indian Penal Code (IPC), usually:
Perjury (IPC 191 & 193)
Fabricating false evidence (IPC 192, 193)
Section 340 itself doesn’t prescribe punishment but follows the IPC provisions.
Why this Section is important:
It protects the integrity of the judicial system.
Ensures that people do not misuse the judicial process by giving false statements or evidence.
Empowers the Court to act suo motu (on its own motion) without waiting for a complaint.
Examples of offences under Section 340:
A witness knowingly gives false testimony in a trial.
Someone submits forged documents to the Court to influence proceedings.
A person intimidates witnesses or tampers with evidence during a case.
Summary
Nature: Special procedure for offences affecting public justice.
Initiation: Only by the Court.
Procedure: Notice → Show cause → Charge → Summary trial.
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