The power under Section 340 of the Criminal Procedure Code has been given to “any Court” in which any false evidence has been adduced during judicial proceedings. And, it includes even a civil court. The scheme of the law is that wherever any false evidence is adduced in a court (whether civil or criminal or otherwise), it has to make an inquiry under Section 340 Cr.P.C. with regard to that, record a finding to that effect (i.e., that false evidence has been adduced in the proceedings of that court) and then make a complaint thereof in writing and send the same to the Magistrate having jurisdiction to try such offence. In fact, Section 195(1)(b) of the Cr.P.C. specifically lays down cognizance of such offence of submitting false evidence cannot be taken unless a complaint is given by the court concerned, etc.
Therefore, it should be clear that the power under Section 340 of Cr.P.C. is available to all courts, including a civil court, wherein any false evidence has been adduced, even though the above provision is contained in Criminal Procedure Code.
Your lawyer may try to explain these provisions to the civil court where your case is pending. If that court refuses to pass an order or passes an order rejecting your request, you may challenge that before the appellate court where appeal / revision lies from the orders of that civil court (i.e., District Court).
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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