Offences Relating to Perjury According to Section 195 of the Cr.PC, 1973

Introduction

Perjury, or giving false evidence, undermines the very foundation of the judicial system. To address the complexity of prosecuting perjury and related offences, Section 195 of the Criminal Procedure Code, 1973, lays down specific protocols that must be followed. This section ensures that only genuine cases are prosecuted, protecting individuals from frivolous litigation. To enforce this, Section 340 of the Cr.PC provides a detailed procedural framework.

Section 195 of the Cr.PC: An Overview

Section 195 restricts the cognizance of certain offences by courts unless specific procedures are followed:

1. Offences Covered:

   • The section primarily deals with offences such as giving or fabricating false evidence.
   • Offences include those specified under Sections 172 to 188 of the Indian Penal Code (IPC).

2. Requirement for Complaint:

   • A court cannot take cognizance of the offences mentioned unless there is a complaint in writing from the concerned court or an authorized person.
   • This ensures that the process is not misused and that only valid cases proceed to prosecution.

Section 340 of the Cr.PC: Procedural Framework

Section 340 provides the procedure to be followed for prosecuting offences referred to under Section 195 of the Cr.PC. The key steps and considerations are as follows:

1. Application Requirement:

   • When an offence under Section 195 is committed, the aggrieved party must apply to the court where the main proceedings are taking place.
   • The application should request the court to make a written complaint to the appropriate judicial magistrate for prosecuting the offender.

2. Authority to Sign Complaint:

   • High Court: The complaint must be signed by an officer appointed by the court.
   • Other Courts: The presiding officer or an authorized officer signs the complaint.

3. Preliminary Inquiry:

   • Upon receiving an application under Section 340, the court must conduct a preliminary inquiry.
   • The court assesses whether it is expedient in the interest of justice to make a complaint.
   • This inquiry ensures that the court does not act on frivolous or unfounded allegations.

4. Court’s Discretion:

   • Even if an offence appears to have been committed, the court has discretion to decide whether to file a complaint.
   • The guiding factor is the interest of justice, ensuring that only necessary cases are prosecuted.

Detailed Analysis of Section 340 Proceedings

The detailed procedure and considerations under Section 340 include the following key points:

1. Document Creation and Production

• Evaluation of Documents:
  • The court must determine if the document in question was created and produced during the course of the legal proceedings.
  • If the document was not created or produced during the proceedings, the application under Section 340 is deemed unnecessary.
• Implications:
  • This step ensures that only documents relevant to the current proceedings are scrutinized, preventing the misuse of the process.

2. Evaluation of Evidence

• Constituting Evidence:
  • The court must evaluate whether the document in question constitutes evidence.
  • If the document does not constitute evidence, no further inquiry is needed.
• Legal Framework:
  • This step involves assessing the relevance and validity of the document as evidence within the context of the ongoing proceedings.

3. Proceeding with Inquiry

• Preliminary Findings:
  • If the document constitutes evidence and an offence appears to have been committed, the court may proceed with the inquiry.
  • This involves gathering facts and examining the circumstances surrounding the document.
• Legal Implications:
  • The court must ensure that all procedural requirements are met before proceeding, safeguarding the rights of all parties involved.

4. Interest of Justice

• Expedience and Justice:
  • The court must determine whether filing a complaint is expedient in the interest of justice.
  • This consideration ensures that only necessary and justified cases proceed to prosecution.
• Judicial Discretion:
  • The court has the discretion to decide based on the specifics of each case, balancing the need for justice with the potential consequences of prosecution.

Actions Following Court Decisions

1. Refusal to File a Complaint

• Appeal Process:
  • If the court refuses to file a complaint, the applicant can appeal against the decision.
  • This provides a mechanism for review, ensuring that the applicant is not left without recourse.
• Judicial Oversight:
  • The appeal process allows higher courts to oversee and rectify potential errors in the lower court’s decision.

2. Criminal Complaint by Applicant

• Independent Action:
  • If the court dismisses the application on grounds such as the document not constituting evidence, the applicant can independently file a criminal complaint.
  • This ensures that the pursuit of justice is not hindered by procedural barriers.
• Legal Pathways:
  • The applicant has alternative legal pathways to seek justice, reinforcing the comprehensive nature of the judicial process.

3. Remedies Available

• Ensuring Justice:

  • Applicants are not left without remedies, and those accused of offences under Section 195 can still be prosecuted according to law.
  • This dual protection ensures fairness and accountability within the judicial system.

• Legal Protections:

  • Both parties are provided with mechanisms to ensure that justice is served, maintaining the integrity of the legal process.

Inclusion of Other Judicial Authorities

• Scope of 'Court':
  • For the purposes of Section 340, "court" includes tribunals and other judicial authorities if the proceedings are legal.
  • This broad definition ensures that all relevant judicial bodies are covered, maintaining consistency across different legal forums.
• Legal Uniformity:
  • By including various judicial authorities, the law ensures uniformity and comprehensive coverage of the procedures and protections under Section 340.

Conclusion

Section 195 of the Cr.PC, along with the procedural guidelines under Section 340, provides a robust framework for addressing offences related to perjury. These provisions ensure that only genuine cases proceed to prosecution, protecting individuals from frivolous claims while upholding the integrity of the judicial process. The detailed procedures and judicial discretion built into these sections ensure that the pursuit of justice is balanced, fair, and thorough, maintaining the foundational principles of the legal system.

This framework not only upholds the rule of law but also reinforces the importance of truth and integrity within judicial proceedings. By providing clear guidelines and multiple layers of oversight, the Criminal Procedure Code ensures that the justice system remains just, efficient, and resilient against abuses.

"Unlock the Potential of Legal Expertise with LegalMantra.net - Your Trusted Legal Consultancy Partner”

Article Compiled by:-

Neel Lakhtariya

(LegalMantra.net Team)

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc.