Arbitral tribunal is not a criminal court under Section 195, so Section 340 cannot be invoked before it.

An arbitral tribunal is not a "Court" for the purposes of Section 195 of the Criminal Procedure Code unless the statute constituting it expressly declares it to be one. Section 195(3) is a restrictive definition, and that legislative declaration is a condition precedent to invoking the complaint mechanism under Section 340 for offences affecting public justice. The Arbitration and Conciliation Act, 1996 does not so declare an arbitral tribunal, and Section 27, which permits court assistance in taking evidence, does not expand the tribunal's status into a court under Section 195. Earlier authorities to the contrary were distinguished or disapproved.

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Issues: Whether an arbitral tribunal is a "Court" within the meaning of Section 195 of the Code of Criminal Procedure, 1973, so as to attract Section 340 of that Code in relation to offences allegedly committed before it.

Analysis: Section 195(3) defines "Court" for clause (b) of sub-section (1) as a Civil, Revenue or Criminal Court and includes a tribunal constituted by or under a Central, Provincial or State Act only if the Act so declares. The definition is expressly restrictive and makes legislative declaration a condition precedent to treating a tribunal as a Court for the purpose of prosecution for offences affecting public justice. An arbitral tribunal under the Arbitration and Conciliation Act, 1996 is not so declared to be a Court for this purpose. The provisions of Section 27 of the Arbitration and Conciliation Act, 1996, which permit court assistance in taking evidence, do not enlarge the tribunal's status into that of a Court under Section 195. Earlier authorities treating certain arbitral tribunals as Courts under different statutory settings were distinguished or disapproved in light of the restrictive wording of Section 195(3) and the governing principle that the legislature uses the words of enlargement and limitation deliberately.

Conclusion: An arbitral tribunal is not a Court within Section 195 of the Code of Criminal Procedure, 1973, and Section 340 of that Code is inapplicable to proceedings before it.

Final Conclusion: The appeal was rejected because the statutory framework did not permit invocation of the criminal-process complaint mechanism before an arbitral tribunal.

Ratio Decidendi: For the purposes of Section 195(1)(b) of the Code of Criminal Procedure, 1973, a tribunal is treated as a Court only if the statute constituting it expressly declares it to be a Court for that purpose; absent such declaration, Section 340 cannot be invoked before it.

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