Section 340 of CrPC : Section 340: Procedure in cases mentioned in section 195.
CrPC
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Explanation using Example
Example 1:
Scenario: False Evidence in a Civil Case
Ravi files a civil suit against Shyam for breach of contract in a District Court. During the proceedings, Ravi submits a document as evidence, claiming it is a contract signed by Shyam. Shyam, however, argues that the document is forged and not signed by him. The Court, upon examining the document and considering Shyam's objections, suspects that the document might indeed be forged.
Application of Section 340:
- The Court decides that an inquiry into the alleged forgery is necessary in the interest of justice.
- The Court conducts a preliminary inquiry and finds sufficient grounds to believe that the document is forged.
- The Court records its finding that an offence appears to have been committed.
- The Court makes a written complaint about the forgery.
- The Court sends the complaint to a Magistrate of the first class who has jurisdiction over the matter.
- The Court takes sufficient security from Ravi to ensure his appearance before the Magistrate.
- The Court binds over Shyam to appear and give evidence before the Magistrate.
Example 2:
Scenario: Perjury in a Criminal Trial
During a criminal trial in a Sessions Court, a witness named Priya testifies under oath that she saw the accused, Raj, committing the crime. However, later it is...
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