Section 340 of CrPC : Section 340: Procedure In Cases Mentioned In Section 195

Explanation using Example

Imagine a scenario where during a divorce proceeding in a family court, one of the spouses submits a forged bank statement to claim a lower income and reduce the alimony amount. The judge, suspecting the authenticity of the document, decides to initiate an inquiry under Section 340 of the Code of Criminal Procedure, 1973. The judge conducts a preliminary inquiry and finds evidence that the bank statement may indeed be forged.

The judge then:

1. Records a finding that the submission of the forged document constitutes an offence;
2. Writes a formal complaint outlining the details of the offence;
3. Sends the complaint to a Magistrate of the first class who has the jurisdiction to handle such offences;
4. Takes a security bond from the accused to ensure their appearance in court, and if necessary, sends the accused into custody;
5. Binds over witnesses who may have relevant evidence to appear before the Magistrate.

This action by the family court judge exemplifies the application of Section 340 of the CrPC, which is designed to address offences that occur within the precincts of a court proceeding, ensuring that justice is served.