What is 340 Cr.P.C?

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved
When can a civil court take matter under Sec 340 Cr.P.C and how to refer to criminal court?

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Arvind Singh Chauhan (Expert) 06 February 2011
Presiding officer of Civil court if think proper can file complaint under 340 Cr.P.C before the criminal court having jurisdiction.

PALNITKAR V.V. (Expert) 06 February 2011
Mr. Arvind is right. The complaint has to be sent to the Magistrate concerned. The civil court may also take security from the proposed accused for appearance before magistrate. The civil court can also taken undertaking from any witnesses for appearance before magistrate.

Ajay Bansal (Expert) 06 February 2011
Agreed as above.

Devajyoti Barman (Expert) 06 February 2011
Yes for which the complaint under section 340 will have to be filed in the court where the alleged offence of false evidence has occured.

Sarvesh Kumar Sharma Advocate (Expert) 06 February 2011
Yes,Agreed as above.

Advocate. Arunagiri (Expert) 06 February 2011
If the offense is made out in the civil court, only the presiding officer will make complaint in the criminal court after conducting inquiry u/s 340 cr.p.c.

Parties to the suit can not directly approach the criminal court.