Section 383 BNSS: Summary procedure for trial for giving false evidence (Formerly Section 344 CrPC)

Section 383 of Bharatiya Nagarik Suraksha Sanhita, 2023: Summary procedure for trial for giving false evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

(3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 383

Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 344 of the CrPC, 1973) establishes a summary procedure for the trial and punishment of witnesses who knowingly or willfully give false evidence or fabricate false evidence in judicial proceedings.

Delivery of Judgment Threshold: At the time of delivery of any judgment or final order disposing of any judicial proceeding.
Court's Prima Facie Opinion: The Court of Session or Magistrate of first class forms the opinion that any witness gave false evidence or fabricated evidence with intent.
Summary Trial Notice: The Court may take cognizance and, after giving reasonable opportunity of showing cause, try the offender summarily and sentence to imprisonment up to three months or fine up to one thousand rupees.
Alternative to Section 379: A fast-track summary alternative to the elaborate regular complaint procedure under Section 379.

Key Landmark Precedents:

Mahila Vinod Kumari v. State of M.P., (2008) 8 SCC 34: The Supreme Court held that summary power under Section 344 CrPC (Section 383 BNSS) must be exercised with extreme caution and circumspection; a clear, deliberate intention to mislead the court must be apparent on the face of the record.
Narayanaswamy v. State of Maharashtra, (1971) 2 SCC 182: Affirmed that a mere variance between a police statement and court testimony does not automatically justify summary perjury punishment under this section.

Courtroom Practice & Strategic Litigation Guidance:

If issued a show-cause notice under Section 383, file a comprehensive reply establishing that any discrepancy in testimony arose from lapse of memory, emotional distress, or ambiguity in questioning, negating deliberate perjury.