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Adv. Anuragdeep Bansal   18 February 2021

U/s 340 Crpc

If after a conclusion of a case by the court, the placed documents in the court would be brought to the notice of the court that the documents are fabricated and concocted, then, will 340 crpc attracts at a subsequent stage?


 1 Replies

Neha Dhalaria   18 February 2021

According to me yes section 340 is attracted at the subsequent stages. 

You can file a criminal appeal according to the section 374 or 378 of crpc because admission of false evidence is a question of law which is a ground for appeal. 

While the trial for appeal is being conducted, the person who provided the fake evidence should be convicted under section 193 of IPC and the trial for giving false evidence is conducted in the manner as provided under section 344 of Crpc of which clause 3 implies that if it deems fit to the court, it can make a complaint under section 340 of the Crpc. 

Hence section 340 is applied wherever the court deems fit to do so. 

The related sections for faking evidence in IPC are section 191, 192, 196, 463, 464.

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