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    Offences Affecting The Administration of Justice: Isha Chavan Roll No. 28

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    Isha Chavan
    This document summarizes sections 340-352 of the Indian Penal Code, which deal with offenses affecting the administration of justice. Some key points: - These sections cover offenses like intentionally giving false evidence or fabricating false evidence. - Courts have the power to conduct preliminary inquiries into such offenses and forward complaints to magistrates. They can also try certain offenses summarily or forward more serious offenses to magistrates. - The sections provide for appeals of convictions under these offenses and special procedures for dealing with witnesses who refuse to answer questions or fail to appear. - A case example is provided where the court refused to become a complainant at the request of a husband in a disputed marital issue.

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    Offences Affecting The Administration of Justice: Isha Chavan Roll No. 28

    Uploaded by

    Isha Chavan
    39 views5 pages
    This document summarizes sections 340-352 of the Indian Penal Code, which deal with offenses affecting the administration of justice. Some key points: - These sections cover offenses like intentionally giving false evidence or fabricating false evidence. - Courts have the power to conduct preliminary inquiries into such offenses and forward complaints to magistrates. They can also try certain offenses summarily or forward more serious offenses to magistrates. - The sections provide for appeals of convictions under these offenses and special procedures for dealing with witnesses who refuse to answer questions or fail to appear. - A case example is provided where the court refused to become a complainant at the request of a husband in a disputed marital issue.

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    Offences affecting the adminstration of justice under Criminal Procedure Code

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    CRPC

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    This document summarizes sections 340-352 of the Indian Penal Code, which deal with offenses affecting the administration of justice. Some key points: - These sections cover offenses like intentionally giving false evidence or fabricating false evidence. - Courts have the power to conduct preliminary inquiries into such offenses and forward complaints to magistrates. They can also try certain offenses summarily or forward more serious offenses to magistrates. - The sections provide for appeals of convictions under these offenses and special procedures for dealing with witnesses who refuse to answer questions or fail to appear. - A case example is provided where the court refused to become a complainant at the request of a husband in a disputed marital issue.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    39 views5 pages

    Offences Affecting The Administration of Justice: Isha Chavan Roll No. 28

    Uploaded by

    Isha Chavan
    This document summarizes sections 340-352 of the Indian Penal Code, which deal with offenses affecting the administration of justice. Some key points: - These sections cover offenses like intentionally giving false evidence or fabricating false evidence. - Courts have the power to conduct preliminary inquiries into such offenses and forward complaints to magistrates. They can also try certain offenses summarily or forward more serious offenses to magistrates. - The sections provide for appeals of convictions under these offenses and special procedures for dealing with witnesses who refuse to answer questions or fail to appear. - A case example is provided where the court refused to become a complainant at the request of a husband in a disputed marital issue.

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    OFFENCES AFFECTING

    THE ADMINISTRATION ISHA CHAVAN


    ROLL NO. 28
    OF JUSTICE
    • Chapter XXVI includes the provisions as to offences affecting the administration of justice.
    • It includes sections 340 – 352.
    • Section 340 - When an offence is committed in relation of a public servant or a court with respect to section
    195 (1) (b) the sanction of the public servant or the court has to be obtained first. Any civil/ revenue/
    criminal court can proceed under this section & hold preliminary inquiry & record findings & complaint to
    First Class Magistrate.
    • Section 341 – An appeal lies under this section from an order passed under sec 340 by a civil court must be
    deemed to be criminal appeal. Sub – section (2) that order under sections 340 & 341 shall be final and shall
    not be subject to revision.
    • Section 342 – Any court which is dealing with an application made to it for filing a complaint under
    sections 340/341 has the power to make such orders.
    • Sections 343 – This section lays down the manner in which the complaints made under section 340 & 341
    are to be dealt with and states such complaints to be dealt as they were instituted on a police report. Sub-
    section (2) states that the proceedings out of which an inquiry has started should come to a close.
    • Section 344 – (1) states that any witness appearing in such proceedings had knowingly or willfully given
    false evidence or had fabricated false evidence should be tried summarily and the court shall take
    cognizance of the offence. The offender should be given a reasonable opportunity of showing cause why he
    should not be punished and sentence him to imprisonment for a term up to 3 months or fine up to 500 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) makes clear that the power of the court to make complaint under Section 340 is not
    affected even if the court chooses not to take any action.
    •(4) gives the court the power to stop the further proceedings of the trial if it notices that an appeal or a
    revision application has been preferred against the judgement or order in the main proceedings.
    • Section 345 - enables a court to preserve its decorum and maintain its dignity. The Court is not bound to
    any evidence it can rely on its own opinion of what happened and can detain the offender in custody, take
    cognizance of the offence and sentence him.
    • Section 346 - states that where the court considers that an offence under section 345 cannot be tried
    summarily by it or requires a heavier sentence, it can after recording the facts and the statement of the
    accused, forward them to a Magistrate in the ordinary way as if it were instituted on a police report.
    • Section 347 - states that where the court considers that an offence under section 345 cannot be tried
    summarily by it or requires a heavier sentence, it can after recording the facts and the statement of the
    accused, forward them to a Magistrate in the ordinary way as if it were instituted on a police report.
    • Section 348 - states that the offence described under Section 345 is curable on the satisfactory apology
    made to the court even after the procedure laid down in Sections 345 or 346 has been followed.
    • Section 349 - lays down special provision regarding the witness refusing to answer the questions as
    required by it under section 17 of the Indian Penal Code, 1860.
    • Section 350 - says that if a witness who is summoned fails to appear without just excuse, the court may
    try summarily, after hearing his defence. And sentence him to a fine not exceeding Rs. 100. Also, the court
    is to follow the procedure prescribed for summary trial.
    • Section 351 – (1) states that any person sentenced by any court other than a High Court under sections
    344, 345, 349, or 350 may, notwithstanding anything contained in the Criminal Procedure Code appeal to
    the court to which decrees or orders made in such court are ordinarily. (2) The provisions of Chapter XXIX
    shall, so far as they arc 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 within which such Court is situated.
    • (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 situated.
    • Section 352 - states that a Magistrate who refuses to set aside an order sanctioning prosecution on the
    charge of perjury cannot try the case himself. Also, a Sessions Judge cannot try a person whose trial has
    been directed by him for the offences of giving false evidence committed in the course of judicial
    proceedings of a criminal nature.
    • Jaswinder Singh vs Paramjit Kaur [1986 Cr LJ 1398 (P&H)]
    In this case, a petition was filed by the wife complaining that the husband had made false denial about the
    factum of the second marriage and the matter be inquired into under Section 193 of the Indian Penal Code.
    The husband contended that the findings recorded by the lower court that the allegations made about the
    second marriage being not truthful, a complaint be filed against the wife. The court held that they cannot in
    such contentious issues, enter into facts and become a complainant at the request of the husband. The
    proceeding was maintainable.

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