Section 340 of CrPC : Section 340: Procedure in cases mentioned in section 195.

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:

1. The Court decides that an inquiry into the alleged forgery is necessary in the interest of justice.
2. The Court conducts a preliminary inquiry and finds sufficient grounds to believe that the document is forged.
3. The Court records its finding that an offence appears to have been committed.
4. The Court makes a written complaint about the forgery.
5. The Court sends the complaint to a Magistrate of the first class who has jurisdiction over the matter.
6. The Court takes sufficient security from Ravi to ensure his appearance before the Magistrate.
7. 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 discovered that Priya was not present at the scene of the crime and her testimony was entirely fabricated to falsely implicate Raj.

Application of Section 340:

1. The Sessions Court, upon realizing the false testimony, decides that an inquiry into the perjury is necessary to uphold the administration of justice.
2. The Court conducts a preliminary inquiry and concludes that Priya has committed perjury.
3. The Court records its finding that an offence of perjury appears to have been committed.
4. The Court makes a written complaint about the perjury.
5. The Court sends the complaint to a Magistrate of the first class who has jurisdiction over the matter.
6. The Court takes sufficient security from Priya to ensure her appearance before the Magistrate.
7. The Court binds over other relevant witnesses to appear and give evidence before the Magistrate.

Example 3:

Scenario: Tampering with Evidence in a Family Court

In a divorce case in a Family Court, Anjali submits a series of emails as evidence to prove her husband's infidelity. Her husband, Ramesh, claims that the emails have been tampered with and altered to misrepresent the facts. The Court, upon reviewing the emails and considering expert testimony, suspects that the emails might have been tampered with.

Application of Section 340:

1. The Family Court decides that an inquiry into the alleged tampering is necessary in the interest of justice.
2. The Court conducts a preliminary inquiry and finds sufficient grounds to believe that the emails have been tampered with.
3. The Court records its finding that an offence appears to have been committed.
4. The Court makes a written complaint about the tampering.
5. The Court sends the complaint to a Magistrate of the first class who has jurisdiction over the matter.
6. The Court takes sufficient security from Anjali to ensure her appearance before the Magistrate.
7. The Court binds over Ramesh and any expert witnesses to appear and give evidence before the Magistrate.