CrPC Section 347
CrPC Section 347 – Power of the Court to Restrain Suits or Proceedings
Text of Section 347 (simplified):
This section gives the criminal court the power to stop civil or other proceedings if it considers that allowing them to continue would interfere with the administration of justice in a criminal case that is pending.
Key Points of Section 347
Purpose:
The main aim is to prevent civil or other proceedings from obstructing criminal justice.
For example, if someone files a civil suit that might influence witnesses or evidence in a criminal case, the court can restrain it temporarily.
Who can exercise this power:
The Court before which a criminal case is pending can issue an order under this section.
Usually, this is done by the Magistrate or Court trying the criminal case.
Scope:
Applies to civil suits or proceedings related to matters involved in a criminal case.
The court can restrain continuation of such proceedings either completely or temporarily until the criminal case is disposed of.
Conditions for restraint:
The court believes that allowing the civil or other proceedings to continue may:
Obstruct the criminal trial, or
Prejudice the interests of justice, or
Cause inconvenience or unfairness to the parties involved in the criminal case.
Effect of the Order:
Once the criminal court issues the restraint, the civil court must stay the proceedings as directed.
This does not affect the civil rights permanently; the restrained proceedings can be resumed after the criminal matter is resolved.
Discretionary Power:
The court has the discretion to restrain proceedings.
It is not automatic; the court considers whether restraint is necessary for justice.
Illustration / Example
Suppose A is accused of theft by B.
Meanwhile, B files a civil suit for recovery of stolen goods.
The criminal court may restrain the civil suit temporarily because:
Allowing it could affect evidence or witness testimony in the criminal trial.
Once the criminal case is resolved, the civil suit can proceed.
Significance of Section 347
Protects the integrity of criminal trials: Ensures that related civil proceedings do not influence or interfere with criminal justice.
Prevents misuse of civil courts: Sometimes, civil proceedings are filed to pressure or harass a criminal defendant.
Balances civil and criminal justice: Restraint is temporary, so civil rights are not lost forever.
Summary in Simple Words
Section 347 allows a criminal court to temporarily stop related civil cases or other proceedings that could interfere with a criminal trial.
The goal is to ensure fair criminal justice while not permanently affecting civil claims.
It is a discretionary power, used only when necessary.
RELATED Blog
comments