Not Necessary To Give Opportunity Of Hearing To Would-Be Accused Before Court Makes Complaint U/Sec 195/340 CrPC : Supreme Court

What are Section 195 and 340 of Criminal Code Procedure

In order to initiate proceedings under Section 340 of the CrPC, first of all, a prima facie offence via evidence and statements shall be established in the case. This means that all the material produced before the court shall be clear on the face of it.

The evidence that is produced before the court of law should be referred to in Section 195(1)(b)(i) of the CrPC

Secondly, there should be an enquiry into the alleged offence. Effective action needs to be taken to prevent the crime of perjury and stop people who make false statements, tamper with pieces of evidence, and mislead the court with pretence and treachery. To protect the esteem of the judiciary, stern actions should be taken.

The Supreme Court in the case State of Punjab vs Jasbir Singh observed the issues relating to Section 195 and 340 of CrCP as

1. Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint being made under Section 195 of the CrPC by a Court?
2. What is the ambit and scope of such preliminary inquiry?

In the present case, the three Judges Bench comprising Justices Sanjay KishanKaul, Abhay S. Oka and Vikram Nath stated that it is not necessary to give an opportunity of hearing to a would- be accused before a complaint is made under Section 195, Section 340 CrPC.

While answering the reference, the court stated that an order is in the given factual scenario. The principle of law is laid down in judgement. However, in the present scenario any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases.