CrPC 344: Section 344 of the Criminal Procedure Code

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.

CrPC 343: Section 343 of the Criminal Procedure Code

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.

CrPC 342: Section 342 of the Criminal Procedure Code

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.

CrPC 341: Section 341 of the Criminal Procedure Code

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.

CrPC 340: Section 340 of the Criminal Procedure Code

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,-
    1. record a finding to that effect;
    2. make a complaint thereof in writing;
    3. send it to a Magistrate of the first class having jurisdiction;
    4. 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
    5. 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,-
    1. where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
    2. in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
  4. In this section, “Court” has the same meaning as in section 195.

CrPC 339: Section 339 of the Criminal Procedure Code

Delivery of lunatic to care of relative or friend

  1. Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall-
    1. be properly taken care of and prevented from doing injury to himself or to any other person;
    2. be produced for the inspection of such officer, and at such times and places, as the State Government may direct;
    3. in the case of a person detained under Sub-Section (2) of section 330, be produced when required before such Magistrate or Court,
      order such person to be delivered to such relative or friend.
  2. If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of Sub-Section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the magistrate or Court, and, upon such production the magistrate or Court shall proceed in accordance with the provisions of section 332, and the certificate of the inspecting officer shall be receivable as evidence.

CrPC 338: Section 338 of the Criminal Procedure Code

Procedure where lunatic detained is declared fit to be released

  1. If such person is detained under the provisions of Sub-Section (2) of section 330, or section 335 and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum: and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.
  2. Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

CrPC 337: Section 337 of the Criminal Procedure Code

Procedure where lunatic prisoner is reported capable of making his defence

If such person is detained under the provisions of Sub-Section (2) of section 330, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

CrPC 336: Section 336 of the Criminal Procedure Code

Power of State Government to empower officer in charge to discharge

The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 of section 338.

CrPC 335: Section 335 of the Criminal Procedure Code

Person acquitted on such ground to be detained in safe custody

  1. Whenever the finding states that the accused person committed the act alleged, the magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found have constituted an offence,
    1. order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
    2. order such person to be delivered to any relative or friend of such person.
  2. No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of Sub-Section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
  3. No order for the delivery of the accused to a relative or friend shall be made under clause (b) of Sub-Section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall-
    1. be properly taken care of and prevented from doing injury to himself or to any other person;
    2. be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
  4. The Magistrate or Court shall report to the State Government the action taken under Sub-Section (1).