Section 340 lays down the procedure for courts to initiate criminal proceedings against a person who has:
- Given false evidence in court (perjury), or
- Forged / used forged documents in judicial proceedings, or
- Committed any offence described in Sections 195(1)(b) IPC (like fabricating evidence).
- To protect the sanctity of judicial proceedings.
- To prevent misuse of the process by punishing those who intentionally lie or produce fake documents before the court.
- To ensure that not every false statement automatically becomes a criminal case — only those where the court feels it is necessary in the interest of justice.
| Aspect | Explanation |
| Who can initiate | The court where the false evidence or forgery is produced. Private individuals cannot directly file a criminal complaint. |
| How | The court must conduct a preliminary inquiry to decide whether it is expedient in the interest of justice to file a complaint. |
| Complaint filing | If yes, the court files a written complaint to a Magistrate of the First Class having jurisdiction. |
| Which offences | Mainly those under Sections 193 to 196, 199, 200, 205–211, and 228 IPC, plus forgery-related offences under Sections 463, 471, 475, 476 IPC, but only if they relate to documents produced in court. |
| No direct FIR | Police cannot register an FIR for these offences unless the court itself makes the complaint. |
| Discretionary power | The court may or may not proceed — even if someone lied — unless it seriously affects justice. |
- Suspicion of offence → Court notices false evidence or forged document.
- Preliminary Inquiry (not a full trial) → Court examines whether a case prima facie exists.
- Opinion on expediency → Court decides whether prosecution is necessary for justice.
- Filing of Complaint → Court drafts a written complaint.
- Sending to Magistrate → Complaint is forwarded to Magistrate of First Class for trial.
- Trial begins → Regular criminal proceedings start before the Magistrate.
Case Scenario:
In a civil property dispute, Mr. A produces a fake sale deed claiming he bought the land from Mr. B.
Later, during the trial, it is proven that the sale deed is forged — signatures are fake and no such transaction ever occurred.
What happens next:
- The civil court now knows a forged document was intentionally used.
- Under Section 340 CrPC, the court can initiate a preliminary inquiry.
- If the court finds it serious and affecting the outcome, it files a complaint to the jurisdictional Magistrate.
- The Magistrate then tries Mr. A for offences like forgery (Sec 467, 471 IPC) or giving false evidence (Sec 193 IPC).
Some key rulings:
- Iqbal Singh Marwah v. Meenakshi Marwah (2005)
The court clarified that it’s not mandatory to file a complaint whenever false evidence is found — the court must consider whether it is expedient in the interest of justice. - The complaint can be filed by a higher or subordinate court if the offence concerns that court’s proceedings.
- Private parties must request the court to act — they cannot directly file a criminal case for perjury or forgery of court documents.
Section 340 CrPC gives courts the exclusive power to start criminal cases for perjury or forgery affecting court proceedings — but only when justice demands it.
CRPC340
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