BNSS 383 — Summary procedure for trial for giving false evidence.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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