Section 340 CrPC: Procedure for Court Complaints under Section 195 and Section 379 BNSS
Section 340 of the Code of Criminal Procedure, 1973 sets out how a court may initiate a written complaint concerning specified offences affecting the administration of justice. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 379, read with Section 215(1)(b).
Meaning and purpose of Section 340 CrPC
Section 340 is a procedural safeguard for complaints relating to certain offences specified in Section 195(1)(b) CrPC, such as false evidence and specified offences concerning documents produced in judicial proceedings. Section 195 restricts the ordinary taking of cognizance of those offences without a written complaint by the concerned court or another competent court. Section 340 explains the mechanism for making that complaint.
Under the new procedural law, Section 215(1)(b) BNSS provides the corresponding restriction, and Section 379 BNSS sets out the complaint procedure. The court must consider whether proceeding is expedient in the interests of justice; an allegation of falsehood alone does not automatically require prosecution.
Section 340 CrPC: Statutory procedure explained
Sub-section (1): Court's power to initiate a complaint
On an application or otherwise, if the court considers an inquiry expedient in the interests of justice concerning an offence referred to in Section 195(1)(b), appearing to have been committed in or in relation to its proceedings or evidence, it may conduct such preliminary inquiry, if any, as it considers necessary. The court may then:
- Record a finding to that effect.
- Make a written complaint.
- Forward the complaint to a Magistrate of the first class having jurisdiction.
- Take sufficient security for the accused's appearance or, for a non-bailable alleged offence where necessary, send the accused in custody to the Magistrate.
- Bind over persons to appear and give evidence before that Magistrate.
Sub-section (2): Power of superior court
Where the original court has neither made a complaint nor rejected an application for one, the court to which it is subordinate within the meaning of Section 195(4) may exercise the power.
Sub-section (3): Who signs the complaint?
For a High Court, the complaint is signed by an officer appointed by that court. For another court, it is signed by the presiding officer or an officer authorised in writing. The latter wording reflects the amendment made by Act 2 of 2006, effective 16 April 2006.
Sub-section (4): Meaning of court
The expression "Court" carries the meaning assigned in Section 195 CrPC.
Section 379 BNSS: Current corresponding provision
Section 379 BNSS retains the core procedure: an application or court initiative, an assessment of the interests of justice, an optional preliminary inquiry, a recorded finding, a written complaint to a competent first-class Magistrate, measures for appearance and evidence, and prescribed signatures. References to Section 195 CrPC are replaced by Section 215 BNSS.
Read the BNSS text hosted by the Bureau of Police Research and Development (official government PDF) and the India Code legislative repository for authoritative statutory materials.
How a Section 340 application is considered
- Identify the alleged offence: The conduct must fall within the category covered by Section 195(1)(b) CrPC or Section 215(1)(b) BNSS, as applicable.
- Identify the connection to the proceedings: Explain how the alleged act relates to a court proceeding or a document given in evidence.
- Present relevant material: Point to the disputed statement, document, testimony or judicial record and why it matters to the administration of justice.
- Court assesses expediency: The court decides whether prosecution is justified in the interests of justice, rather than merely to settle a private dispute.
- Preliminary inquiry, if needed: Such inquiry is discretionary under the statutory wording, not mandatory in every case.
- Written complaint and Magistrate proceedings: If satisfied, the court makes and forwards the complaint. The competent Magistrate then proceeds according to law.
Important legal principles
A Section 340 proceeding is not a substitute for an appeal, nor is it automatically triggered by every inconsistency in testimony. Courts consider the nature of the alleged offence, its impact on the judicial process and whether a prosecution would serve the administration of justice.
In Iqbal Singh Marwah v. Meenakshi Marwah, (2005) 4 SCC 370, the Supreme Court considered the scope of Section 195(1)(b)(ii) concerning forgery of documents and the distinction between forgery before and after production in court. Whether the statutory bar applies must be assessed carefully on the facts.
Appeal and connected provisions
| Earlier CrPC | Corresponding BNSS | Subject |
|---|---|---|
| Section 195 | Section 215 | Restrictions on cognizance for specified offences |
| Section 340 | Section 379 | Procedure for court complaint |
| Section 341 | Section 380 | Appeal against specified orders |
| Section 342 | Section 381 | Power to order costs |
| Section 343 | Section 382 | Procedure of Magistrate taking cognizance |
Frequently asked questions
What is the new BNSS section for Section 340 CrPC?
Section 379 BNSS corresponds to Section 340 CrPC, and refers to Section 215 BNSS in place of Section 195 CrPC.
Is a preliminary inquiry compulsory?
No. The statute expressly allows the court to conduct a preliminary inquiry if any it considers necessary.
Can a private person apply under Section 340 CrPC?
Yes. A person may request action, but the court independently determines whether the statutory requirements and interests-of-justice test are met.
Does Section 340 itself prescribe punishment?
No. It provides a complaint procedure. Any punishment depends on the substantive offence ultimately proved under applicable criminal law.
Can the superior court make a complaint?
In the circumstances specified in Section 340(2) CrPC or Section 379(2) BNSS, the court to which the original court is subordinate may exercise the power.
Statutory references
For the latest text and amendments, consult India Code, the government-hosted BNSS reference PDF and the Ministry of Home Affairs. This article provides general legal information and is not a substitute for advice based on the facts of a case.