Section 340 CrPC: Procedure for Cases Under Section 195
1. State the Code
Section 340 of the Code of Criminal Procedure (CrPC), 1973, deals with the procedure for cases under Section 195 of the CrPC.
2. Explain the Code
Section 195 of the CrPC lays down the conditions for taking cognizance of offenses related to:
- Offenses against public justice
- Offenses under specific laws
Section 340 CrPC specifies the procedure to be followed when a case is initiated under Section 195. It states that:
- The Magistrate can take cognizance of such offenses only on a complaint by the public prosecutor or by some other person authorized by the law.
- The Magistrate must be satisfied that the complaint is made in good faith and that there is sufficient ground for proceeding.
- If the Magistrate is not satisfied, he/she can refuse to take cognizance of the offense.
3. Illustrate the Code
Let’s say a witness in a criminal case is accused of giving false evidence. This would fall under the category of an offense against public justice. In this case, the public prosecutor, or a person authorized by law, would have to make a complaint to the Magistrate. The Magistrate, after examining the complaint, can then decide whether or not to take cognizance of the offense.
4. Common Questions and Answers
Q: Who can file a complaint under Section 195?
A: A complaint under Section 195 can only be filed by the public prosecutor or by a person authorized by law.
Q: Does the Magistrate have to take cognizance of the offense if a complaint is filed?
A: No, the Magistrate can refuse to take cognizance if they are not satisfied that the complaint is made in good faith or that there is sufficient ground for proceeding.
Q: What happens if the Magistrate refuses to take cognizance?
A: The complainant can approach a higher court if they believe the Magistrate’s decision is incorrect.
