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 interest 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 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 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.
Comments
The
Court on receiving an application made under section 340 cannot straightway
proceed to
issue
notice against whom such application is made; Krishnappa
v. Thoppaiah Shetty, (1997) 2
Crimes
360 (Kar).
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 95, 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 Court.
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
subsection
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
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 international 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 question 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 of
section
346.
350. Summary procedure for punishment for non-attendance by a
witness in obedience to
summons.
(1)
If any witness being summoned to appear before a Criminal Court 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 of 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 of
Sub-Registrar
is situate.
352. Certain Judges and Magistrates not to try certain offences
when committed before
themselves.
Except
as provided in sections 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.
