Section 340 CrPC: Procedure in cases mentioned in section 195
Code of Criminal Procedure, 1973
Section 340 CrPC at a Glance
Section 340 CrPC deals with procedure in cases mentioned in section 195. From 1 July 2024 it is replaced by Section 379 BNSS.
What Section 340 CrPC Says
340. Procedure in cases mentioned in section 195
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of Justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed,—
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
(4) In this section, “Court” has the same meaning as in section 195.
Source: Section 340, Code of Criminal Procedure, 1973
Section 340 CrPC in Simple Words
Section 340 of the Code of Criminal Procedure, 1973 sets out how a Court initiates action when an offence referred to in Section 195(1)(b) CrPC appears to have been committed in or in relation to a proceeding in that Court, or in respect of a document produced or given in evidence in a proceeding in that Court.
Acting on an application or otherwise, if the Court is of opinion that an inquiry is expedient in the interests of Justice, it may hold any preliminary inquiry it thinks necessary and send a signed written complaint to a Magistrate of the first class having jurisdiction.
When Section 340 CrPC Applies
- Any Court, upon an application made to it in this behalf or otherwise under Section 340(1) of the Code of Criminal Procedure, 1973, may act when it is of opinion that it is expedient in the interests of Justice to inquire into a Section 195(1)(b) CrPC offence appearing to be committed in relation to its proceeding or a document produced or given in evidence before it.
- After holding such preliminary inquiry, if any, as it thinks necessary under Section 340(1) CrPC, the Court may record a finding, make a written complaint, and send it to a Magistrate of the first class having jurisdiction.
- Under Section 340(1)(d) CrPC and Section 340(1)(e) CrPC, the Court may take sufficient security for the appearance of the accused before the Magistrate, send the accused in custody if the alleged offence is non-bailable and the Court thinks it necessary, and bind over any person to appear and give evidence.
- Where the Court has neither made a complaint under Section 340(1) CrPC nor rejected an application for making one, the superior Court to which it is subordinate under Section 195(4) CrPC may exercise that power under Section 340(2) CrPC.
- Under Section 340(3) CrPC, the complaint shall be signed by an appointed officer of the High Court when made by a High Court, and in any other case by the presiding officer of the Court or an officer authorised by the Court in writing.
Example of Section 340 CrPC
When Section 340 CrPC Does Not Apply
- Section 340(1) of the Code of Criminal Procedure, 1973 does not apply where the alleged offence is not an offence referred to in Section 195(1)(b) CrPC.
- Section 340(1) CrPC does not apply when the offence does not appear to have been committed in or in relation to a proceeding in that Court, or in respect of a document produced or given in evidence in a proceeding in that Court.
- A Court does not proceed under Section 340(1) CrPC when it is not of opinion that it is expedient in the interests of Justice that an inquiry should be made into the offence.
- A superior Court cannot exercise power under Section 340(2) CrPC where the subordinate Court has already made a complaint under Section 340(1) CrPC in respect of that offence or has rejected an application for making such complaint.
Section 340 CrPC Under BNSS 379: What Changed
Section 340 CrPC is now covered under Section 379 BNSS.
Section 340 of the Code of Criminal Procedure, 1973 became Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with changes of form only. The heading and Section 379(1), Section 379(2), and Section 379(4) BNSS replace the cross-references to Section 195, Section 195(1)(b), and Section 195(4) CrPC with the corresponding cross-references to Section 215, Section 215(1)(b), and Section 215(4) BNSS, and Section 379(1) BNSS prints the word Justice in lowercase as justice. The substantive rule across Section 379(1) BNSS to Section 379(4) BNSS is unchanged.
View detailed comparison (CrPC 340 vs BNSS 379) →FAQs on Section 340 CrPC
When may a Court initiate action under Section 340 CrPC?▼
A Court may act under Section 340(1) of the Code of Criminal Procedure, 1973 upon an application made to it or otherwise. It may proceed when it is of opinion that it is expedient in the interests of Justice that an inquiry should be made into an offence referred to in Section 195(1)(b) CrPC appearing to be committed in relation to a proceeding in that Court, or in respect of a document produced or given in evidence before it.
Who signs a complaint made by a Court under Section 340 CrPC?▼
A complaint made under Section 340 of the Code of Criminal Procedure, 1973 shall be signed as required by Section 340(3) CrPC. When the Court making the complaint is a High Court, Section 340(3)(a) CrPC states that it shall be signed by such officer of the Court as the Court may appoint. In any other case, Section 340(3)(b) CrPC states that the presiding officer or an officer authorised in writing by the Court shall sign it.
Can a superior Court make a complaint under Section 340 CrPC if the subordinate Court has not acted?▼
Yes, Section 340(2) of the Code of Criminal Procedure, 1973 allows a superior Court to exercise the power conferred by Section 340(1) CrPC in respect of an offence. The Court to which the former Court is subordinate within the meaning of Section 195(4) CrPC may exercise that power in any case where the subordinate Court has neither made a complaint under Section 340(1) CrPC in respect of that offence nor rejected an application for the making of such a complaint.
Where is Section 340 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision in Section 340 CrPC is found in Section 379 BNSS. Specifically, Section 340(1) CrPC corresponds to Section 379(1) BNSS, Section 340(2) CrPC corresponds to Section 379(2) BNSS, Section 340(3) CrPC corresponds to Section 379(3) BNSS, and Section 340(4) CrPC corresponds to Section 379(4) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·