Sections 340, 341 and 342 CrPC: Procedure in Section 195 Cases, Appeal and Costs
Sections 340, 341 and 342 of the Code of Criminal Procedure, 1973 formed part of Chapter XXVI, dealing with offences affecting the administration of justice. They prescribed the procedure for a court complaint in matters covered by Section 195, the statutory appeal against specified orders under Section 340, and the court's power to award costs.
Section 195 CrPC: why Sections 340-342 matter
Section 195 CrPC restricted a criminal court from taking cognizance of specified offences affecting lawful authority, public justice and documents used in evidence except on a complaint by the public servant or court specified in that provision. For offences falling within Section 195(1)(b), Section 340 supplied the procedural mechanism by which the concerned court could consider whether a complaint should be made.
The central question under Section 340 was not merely whether an allegation had been made. The court had to form the opinion that it was expedient in the interests of justice to inquire into an offence referred to in Section 195(1)(b) that appeared to have been committed in or in relation to a proceeding before it, or concerning a document produced or given in evidence in that proceeding.
Section 340 CrPC - Procedure in cases mentioned in Section 195
Definition and purpose: Section 340 laid down the procedure by which a court could initiate a written complaint for offences covered by Section 195(1)(b). A preliminary inquiry was permissible but was not expressed as mandatory in every case; the court could conduct one if it considered it necessary.
Section 340(1): steps available to the court
Where the court formed the required opinion, it could, after such preliminary inquiry, if any, as it thought necessary:
(a) record a finding to that effect;
(b) make a complaint in writing;
(c) send the complaint to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before that Magistrate or, where the alleged offence was non-bailable and the court considered it necessary, send the accused in custody to the Magistrate; and
(e) bind over any person to appear and give evidence before the Magistrate.
Section 340(2): power of the superior court
If the original court had neither made a complaint nor rejected an application for making one, the court to which it was subordinate within the meaning of Section 195(4) could exercise the power conferred by Section 340(1).
Section 340(3): signature on complaint
A complaint by a High Court was to be signed by an officer appointed by that Court. In any other case, it was to be signed by the presiding officer or by an officer authorised in writing for that purpose.
Section 340(4): meaning of Court
For Section 340, the expression "Court" carried the same meaning as in Section 195 CrPC.
Section 341 CrPC - Appeal
Definition and scope: Section 341 created a specific appellate remedy where a court other than a High Court refused an application for a complaint under Section 340(1) or (2), or where a complaint was made against a person. The appeal lay to the court to which the former court was subordinate for purposes of Section 195(4).
After notice to the concerned parties, the superior court could direct withdrawal of the complaint or direct the making of a complaint which the subordinate court could itself have made under Section 340. If the superior court made the complaint, Section 340 applied accordingly.
Finality: Under Section 341(2), an order under Section 341 and, subject to such an order, an order under Section 340 was final and was not subject to revision.
Section 342 CrPC - Power to order costs
Definition and effect: Section 342 empowered a court dealing with an application for filing a complaint under Section 340 or an appeal under Section 341 to make such order as to costs as might be just. It therefore supplemented the complaint and appellate procedure by expressly recognising the court's discretion regarding costs.
Practical summary of Sections 340, 341 and 342 CrPC
Read together, these provisions created a structured process for specified offences affecting the administration of justice. Section 195 imposed the cognizance restriction; Section 340 provided the court-controlled complaint procedure; Section 341 provided the specified appeal; and Section 342 permitted a just order as to costs. For proceedings governed by the post-1 July 2024 regime, the corresponding BNSS provisions should be consulted, while Section 531 BNSS must be checked where a matter was already pending when the new law commenced.
Legal note: This page is a general explanation of the statutory provisions and is not a substitute for advice on the facts of a particular proceeding.