• Applicability of 340 CrPC & 195(1) (b) of Cr.P.C.

A Government official had forged a minutes without conducting the meeting and got it approved by his higher authority. Later the said minutes was used against the higher authority stating that the said minutes was approved by the higher authority. Whether a petition under section 340, 341 CrPC can be filed before the Court where the forged document was produced as evidence.
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1) if no meeting was held and fraudulent minutes of meeting were prepared then disciplinary action can be taken against the govt official concerned

2) file police complaint against him for fabrication of documents

3) you can file petition against the official under section 340 of cr pc in court wherein false document was produced as evidence

4) under section 195 of IPC Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. section 340 crpc is applicable only if forgery has been committed after submission of document before the court at any stage of proceeding.

2. it is settled law in case of iqbal singh marwah vs meenakshi marwah 2005 SC.

3. when a forged document was produced with a view to use it as evidence in judicial proceeding then the proper proceeding is to file a criminal case under section 465/468 IPC.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Your query lacks relevant background details.

Since higher authority has signed the minutes the same can't be termed as forged one.

In that circumstances the section you had mentioned has no applicability.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

The provisions of section 340 cr.p.c. is :

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.

The provision of section 195 (1) is :

Section 195(1) in The Code Of Criminal Procedure, 1973

(1) No Court shall take cognizance-

b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

The above contents were reproduced to make you clear that any action intended to take shall be for a case in te court and not taking any action directly by invoking the above said laws.

However if there was any evidence given before court on an affidavit sworn before court, if the evidence has been held as false then the said laws can be invoked accordingly.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

It can certainly be filed as the forged document has been produced in evidence. However, the forgery has to be proved if the court is to take cognizance in the manner laid down in section 340 Cr.P.C.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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