(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such magistrate; and. (e) bind over any person to appear and give evidence before such Magistrate.

Section 340 requires the Court desiring to put the law in motion to prefer a complaint either suo motu or on an application made to it on that behalf. But the section does not make it obligatory upon the Court to make a preliminary inquiry in every case before starting prosecution.

2022年8月24日 · Section 340 of the CrPC (The Code of Criminal Procedure, 1973) aims to ensure whether or not any sort of offence has been committed that affects the administration of justice. The offence is related to the proceedings before the court, documents produced in the court of law, and evidence submitted and expedient in the court’s interest.

Section-340 CrPC provides for an inquiry to be made before any complaint thereunder is filed by the court. The court will normally hold such inquiry but the section nowhere says that it is of a mandatory character. If the court is otherwise able to form an opinion about the necessity, it can

The power conferred on a Court by Sub-Section (1) in respect of an offence may, in any case where that Court has neither made a complaint under Sub-Section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of Sub-Sect...

record a finding to that effect; make a complaint thereof in writing; send it to a Magistrate of the first class having jurisdiction; take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistra...

2024年9月5日 · Section 340 of the Code of Criminal Procedure (CrPC) and Section 195 are integral to maintaining the sanctity of legal proceedings in India. These sections collectively safeguard judicial processes from misuse by addressing offenses related to false evidence and offenses against public justice.

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such magistrate; and. (e) bind over any person to appear and give evidence before such Magistrate.

2022年9月29日 · As per the Hon'ble Supreme Court [3], there are two pre-conditions for initiating proceedings under Section 340 CrPC: Firstly, the material produced before the court must establish a prima facie...

Section 340 provides for the procedure for offences enumerated under section 195(1)(b). It states that when an offence under section 195(1)(b) is made, the court may, either on an application or otherwise direct a preliminary inquiry to be made if in its opinion it would be required and expedient in the interest of justice.