Criminal complaint under section 340

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S.Gunasekar Answer. Yes, the illiterate person can file a criminal complaint regarding the forgery. Since forgery, fraud, and using a forged document in court are serious criminal offenses under the Indian Penal Code (IPC) (such as Sections 463, 464, 465, 467, 468, and 471 IPC), a criminal case can still be pursued despite the civil decree. Where to File the Criminal Complaint? 1. Police Station: A complaint can first be filed at the local police station where the forgery took place. If the police refuse to register an FIR, a complaint under Section 156(3) CrPC can be filed before the Judicial Magistrate (Munsiff Court) to direct the police to investigate. 2. Direct Complaint in Magistrate Court: The illiterate person can also directly file a private complaint before the Judicial Magistrate First Class (JMFC) (usually the Munsiff Court acts as JMFC). The court may take cognizance under Section 190 CrPC and initiate proceedings. 3. District Court (Sessions Court) - If Needed: If the offense is serious (e.g., forgery of valuable security under Section 467 IPC), the case may be committed to the Sessions Court for trial. Is There a Time Limit (Limitation Period)? For criminal cases involving serious forgery (Sections 467, 468 IPC), there is no strict limitation period, and a case can still be pursued. The discovery of forgery in 2025 may allow for a delay condonation argument under Section 473 CrPC, citing that the illiterate person was unaware earlier. Conclusion: File a complaint at the police station or directly in the Judicial Magistrate (Munsiff Court). If required, the case may proceed to the District/Sessions Court for trial. Since the document was used in court, additional charges under Section 471 IPC (using forged document as genuine) may apply. It is advisable to consult a criminal lawyer to ensure proper filing and arguments in court.

Advocate S Gunasekar LawRato