There is no hard and fast rule on this issue as to whether the Section 340 Cr.P.C. application should be taken first or at the end of the trial. It depends on the facts of each case. The section itself does not lay down any hard and fast rule.
The judicial exercise involved in this process on the part of the Trial Court calls for prima facie determination of the fact if any such false evidence or fabricated document bearing on the point and issues had been given or produced by a party to the proceeding or a witness therein.
If a particular judicial proceeding relates to trial of contentious issues, raised therein by respective pleadings of the parties, and which require final adjudication of the Trial Court on the merits of the evidence to be let in on record by the parties in support of their respective case, then the most appropriate stage for the Trial Judge in such a trial proceeding is to formulate his opinion on filing or non-filing of complaint contemplated under Section 340 of Cr. P.C. would generally be at the final stage of disposal of the main matter on merits. Otherwise, if the Trial Court is to take a decision relating to alleged perjury or false statement at the initial stage of the proceeding, then it may prejudicially affect the fair disposal of the main matter on its merit and may thus adversely affect the course of justice.
But, in certain cases, the perjury may not be in respect of something which is vital for the fair decision in the case which is to be arrived at when the case has been finally heard on merits. In such a case, it may perhaps be possible for the court to file a complaint under Section 340 Cr.P.C. at the initial stage itself.
So, it may all depend on the facts of each case.
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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