Showing : 1-10 of 41 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 195, 340-- Scope - Sub section 195(1)(b)(i) and 195(1)(b)(ii) cater to separate offences - S.340 Cr.P.C. is a generic section for offences committed u/s 195(1)(b), the same has different and exclusive application to clauses (i) and (ii) of S.195(1)(b) of Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340-- Object - Prosecution under this Section can be initiated only by sanction of Court under whose proceedings an offence referred to in S.195(1)(b) has allegedly been committed - Object of this Section is to ascertain whether any offence affecting administration of justice has been committed in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Prosecution for perjury be sanctioned by Courts only in those cases where perjury appears to be deliberate and it would be expedient in the interest of justice to punish delinquent and not merely because there is some inaccuracy in the statement...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 193, 195, 211, 340-- Disparaging remarks against police officials - Initiation of proceedings - High Court without recording reasons u/s 340(1) Cr.P.C. and without affording an opportunity of hearing to police officials based on materials produced before Appellate Court, issued direction to Registrar General to lodge..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i)-- Perjury - Election petition - Petitioner falsely stating that notice was served on one of his employees whereas according to the election petitioner notice was served upon appellant himself - However, election petition itself has been dismissed - It would not be expedient to initiate proceedings..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Complaint u/ss 340, 341 Cr.P.C. - If trial Court on receipt of complaint is satisfied that materials on record are adequate enough, it shall, as per mandate contained in S.343(1), deal with the case as if instituted on a police report - In case, complaint is filed without preliminary enquiry, it..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Complaint u/ss 340, 341 Cr.P.C. - To be treated as a case instituted on a police report - However words `as far as may be' by no means can be totally ignored - These words acknowledge the discretion of trial Magistrate to obtain further materials by way of an inquiry even if summary in nature, if..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Compliant u/ss 340, 341 Cr.P.C. - Procedure prescribed for cases instituted otherwise than on police report - Not attracted qua a complaint u/ss 340 and/or S.341 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193-- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or not - High..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340-- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false evidence was..........

Showing : 1-10 of 41 Results