The
Code of Criminal Procedure, 1973
CHAPTER XXVI
: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
340. Procedure in cases mentioned in section 195
(1) When upon an application made to it in this behalf or otherwise,
any Court is of opinion that it is expedient in the interests of justice
that an inquiry should be made into any offence referred to in clause
(b) of sub-section (1) of section 195, which appears to have been committed
in or in relation to a proceeding in that Court or, as the case may be,
in respect of a document produced or given in evidence in a proceeding
in that Court, such Court may, after such preliminary inquiry, if any,
as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(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.
(2) 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-section (4)
of section 195.
(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High Court, by such officer
of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court.
(4) In
this section, "Court" has
the same meaning as in section 195.
341. Appeal
(1) Any person on whose application any Court other than a High Court
has refused to make a complaint under sub-section (1) or sub-section
(2) of section 340, or against whom such a complaint has been made by
such Court, may appeal to the Court to which such former Court is subordinate
within the meaning of sub-section (4) of section 195 and the superior
Court may thereupon, after notice to the parties concerned, direct the
withdrawal of the complaint, or, as the case may be, making of the complaint
which such former Court might have made under section 340, and if it
makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an
order under section 340, shall be final, and shall not be subject to
revision.
342. Power to order costs
Any Court dealing with an application made to it for filing a complaint
under section 340 or an appeal under section 341, shall have power to
make such order as to costs as may be just.
343. Procedure of Magistrate taking cognizance
(1) A Magistrate to whom a complaint is made under section 340 or section
341 shall, notwithstanding anything contained in Chapter XV, proceed,
as far as may be, to deal with the case as if it were instituted on a
police report.
(2) Where it is brought to the notice of such Magistrate, or of any
other Magistrate to whom the case may have been transferred, that an
appeal is pending against the decision arrived at in the judicial proceeding
out of which the matter has arisen, he may, if he thinks fit, at any
stage, adjourn the hearing of the case until such appeal is decided.
344. Summary procedure for trial for giving false evidence
(1) If, at the time of delivery of any judgment or final order disposing
of any judicial proceeding, a Court of Session or Magistrate of the first
class expresses an opinion to the effect that any witness appearing in
such proceeding had knowingly or wilfully given false evidence or had
fabricated false evidence with the intention that such evidence should
be used in such proceeding, it or he may, if satisfied that it is necessary
and expedient in the interest of justice that the witness should be tried
summarily for giving or fabricating, as the case may be, false evidence,
take cognizance of the offence and may, after giving the offender a reasonable
opportunity of showing cause why he should not be punished for such offence,
try such offender summarily and sentence him to imprisonment for a term
which may extend to three months, or to fine which may extend to five
hundred rupees, or with both.
(2) In every such case the Court shall follow, as nearly as may be
practicable, the procedure prescribed for summary trials.
(3) Nothing in this section shall affect the power of the Court to
make a complaint under section 340 for the offence, where it does not
choose to proceed under this section.
(4) Where, after any action is initiated under sub-section (1), it
is made to appear to the Court of Session or Magistrate of the first
class that an appeal or an application for revision has been preferred
or filed against the judgment or order in which the opinion referred
to in that sub-section has been expressed, it or he shall stay further
proceedings of the trial until the disposal of the appeal or the application
for revision, as the case may be, and thereupon the further proceedings
of the trial shall abide by the results of the appeal or application
for revision.
345. Procedure in certain cases of contempt
(1) When any such offence as is described in section 175, section 178,
section 179, section 180 or section 228 of the Indian Penal Code (45
of 1860) is committed in the view or presence of any Civil, Criminal
or Revenue Court, the Court may cause the offender to be detained in
custody and may, at any time before the rising of the Court on the same
day, take cognizance of the offence and, after giving the offender a
reasonable opportunity of showing cause why he should not be punished
under this section, sentence the offender to fine not exceeding two hundred
rupees, and, in default of payment of fine, to simple imprisonment for
a term which may extend to one month, unless such fine be sooner paid.
(2) In every such case the Court shall record the facts constituting
the offence, with the statement (if any) made by the offender, as well
as the finding and sentence.
(3) If the offence is under section 228 of the Indian Penal Code (45
of 1860), the record shall show the nature and stage of the judicial
proceeding in which the Court interrupted or insulted was sitting, and
the nature of the interruption or insult.
346. Procedure where Court considers that case should not be dealt with
under section 345
(1) If the Court in any case considers that a person accused of any
of the offences referred to in section 345 and committed in its view
or presence should be imprisoned otherwise than in default of payment
of fine, or that a fine exceeding two hundred rupees should be imposed
upon him, or such Court is for any other reason of opinion that the case
should not be disposed of under section 345, such Court, after recording
the facts constituting the offence and the statement of the accused as
hereinbefore provided, may forward the case to a Magistrate having jurisdiction
to try the same, and may require security to be given for the appearance
of such person before such Magistrate, or if sufficient security is not
given shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section
shall proceed to deal with, as far as may be, as if it were instituted
on a police report.
347. When Registrar or Sub-Registrar to be deemed a Civil Court
When the State Government so directs, any Registrar or any Sub-Registrar
appointed under the 13[***] Registration Act, 1908 (16 of 1908), shall
be deemed to be a Civil Court within the meaning of sections 345 and
346.
348. Discharge of offender on submission of apology
When any Court has under section 345 adjudged an offender to punishment,
or has under section 346 forwarded him to a Magistrate for trial, for
refusing or omitting to do anything which he was lawfully required to
do or for any intentional insult or interruption, the Court may, in its
discretion, discharge the offender or remit the punishment on his submission
to the order or requisition of such Court, or on apology being made to
its satisfaction.
349. Imprisonment or committal of person refusing to answer or produce
document
If any witness or person called to produce a document or thing before
a Criminal Court refuses to answer such questions as are put to him or
to produce any document or thing in his possession or power which the
Court requires him to produce, and does not, after a reasonable opportunity
has been given to him so to do, offer any reasonable excuse for such
refusal, such Court may, for reasons to be recorded in writing, sentence
him to simple imprisonment, or by warrant under the hand of the Presiding
Magistrate or Judge commit him to the custody of an officer of the Court
for any term not exceeding seven days, unless in the meantime, such person
consents to be examined and to answer, or to produce the document or
thing and in the event of his persisting in his refusal, he may be dealt
with according to the provisions of section 345 or section 346.
350. Summary procedure for punishment of non-attendance by a witness
in obedience to summons
(1) If any witness being summoned to appear before a Criminal Court
is legally bound to appear at a certain place and time in obedience to
the summons and without just excuse neglects or refuses to attend at
that place or time or departs from the place where he has to attend before
the time at which it is lawful for him to depart, and the Court before
which the witness is to appear is satisfied that it is expedient in the
interests of justice that such a witness should be tried summarily, the
Court may take cognizance of the offence and after giving the offender
an opportunity of showing cause why he should not be punished under this
section, sentence him to fine not exceeding one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be
practicable, the procedure prescribed for summary trials.
351. Appeals from convictions under sections 344, 345, 349, and 350
(1) Any person sentenced by any Court other than a High Court under
section 344, section 345, section 349, or section 350 may, notwithstanding
anything contained in this Code appeal to the Court to which decrees
or orders made in such Court are ordinarily appealable.
(2) The provisions of Chapter XXIX shall, so far as they are applicable,
apply to appeals under this section, and the Appellate Court may alter
or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall
lie to the Court of Session for the sessions division within which such
Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar
deemed to be a Civil Court by virtue of a direction issued under section
347 shall lie to the Court of Session for the sessions division within
which the office of such Registrar or Sub-Registrar is situate.
352. Certain Judges and Magistrates not to try certain offences when
committed before themselves
Except
as provided in section 344, 345, 349 and 350, no Judge of a Criminal
Court (other than a Judge of a High Court) or Magistrate shall try any
person for any offence referred to in section 195, when such offence
is committed before himself or in contempt of his authority, or is brought
under his notice as such Judge or Magistrate in the course of a judicial
proceeding.
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