Report No. 170
In order to remove this unnecessary hurdle, it is essential that the existing provisions under sections 195(1)(b), and 340(3)(b) of CrPC be substituted as follows:-
For section 340(3)(b), the following clause may be substituted:-
"(b) In any other case, by the presiding officer of the Court, or by such ministerial officer as the Court may designate in this behalf".
6.2.5. Accordingly, section 195(1)(b) should also be amended by inserting before the words "or of some other Court" and after the words "except on the complaint in writing of that Court, the following words:-
"or by such ministerial officer as the Court may designate in this behalf".
6.2.6. In view of the proposed insertion of the words stated above, the Court before which the false evidence was given or false prosecution was launched, will be generally relieved of the anxiety that they may possibly be called to give evidence during trial before the Magistrate. Such deposition on behalf of the Court can then be given by such ministerial officer as the Court may designate in this behalf.
6.2.7. Under section 294, no formal proof of certain documents is required. Thus in general the judicial record may be read in evidence as such. The proposed amendments, it is felt could achieve the object of deterring persons from initiating false prosecutions. These amendments will be particularly appropriate in matters relating to disqualifications under proposed section 8B to guard against abuse of the said provision. In course of time, provisions of CrPC could also be amended on the above lines to deter launching of false cases.