CrPC 344 — Summary procedure for trial for giving false evidence

Code of Criminal Procedure, 1973

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 five hundred 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  340  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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