Code of Criminal Procedure, 1973; S. 340 ----- What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. ----- Held: The mere fact that a person has made a contradictory...
Read MoreCode of Criminal Procedure, 1973; S. 340 ----- What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. ----- Held: The mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 of the Indian Penal Code (45 of 1860) (hereinafter referred to as “the IPC”); but it must be shown that the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated false evidence for the purpose of using the same at any stage of the judicial proceedings. Even after the above position has emerged also, still the court has to form an opinion that it is expedient in the interests of justice to initiate an inquiry into the offences of false evidence and offences against public justice and more specifically referred in Section 340(1) of the CrPC, having regard to the overall factual matrix as well as the probable consequences of such a 6 Page 7 prosecution.
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