Section 383 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Summary Procedure For Trial For Giving False Evidence.

Code: Section 383 BNSS

Punishment for Giving or Fabricating False Evidence

(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.Explanation of Section 383 BNSS

Section 383 BNSS deals with punishment for false evidence, empowering courts to summarily try and punish witnesses who knowingly provide false testimony or fabricate evidence. This provision ensures that judicial proceedings are not obstructed by dishonest witnesses.

Explanation

1. Court’s Discretion in Summary Trials

   • A Court of Session or Magistrate of the first class can take direct action if they believe a witness has knowingly provided false evidence.
   • If necessary for justice, the Court can immediately take cognizance and try the offender summarily.

2. Punishment for False Evidence

   • Imprisonment up to 3 months
   • Fine up to ₹1,000
   • Both imprisonment and fine in severe cases

3. Procedure for Summary Trials

   • The procedure for summary trials (as provided in the BNSS) shall be followed, ensuring a speedy resolution.

4. Power of the Court to File a Complaint Separately

   • If the Court does not wish to proceed summarily, it may file a complaint under Section 379 BNSS, which deals with false evidence cases in a different manner.

5. Stay of Proceedings During Appeals

   • If an appeal or revision is filed against the original judgment, the trial for false evidence will be paused until the appeal is resolved.
   • This ensures that no unjust action is taken against a witness while the original case is still under review.

Illustration

Example 1: False Testimony in a Criminal Trial

A witness in a murder trial falsely claims that the accused was present at the crime scene. The Court, upon delivering the judgment, determines that the witness intentionally lied. Under Section 383 BNSS, the Court may immediately take cognizance and sentence the witness to three months in prison or impose a fine.

Example 2: Fabrication of Evidence in a Fraud Case

A person produces a forged contract to falsely accuse someone of fraud. When the Court discovers the fabrication during its final order, it initiates a summary trial under Section 383 BNSS and punishes the individual for submitting false evidence.

Common Questions and Answers on Section 383 BNSS

1. What is the purpose of Section 383 BNSS?

Section 383 BNSS prevents false testimony and fabrication of evidence by allowing courts to summarily punish dishonest witnesses.

2. Who has the power to initiate proceedings under Section 383 BNSS?

Only a Court of Session or a Magistrate of the first class can initiate proceedings for false evidence under this section.

3. Can the Court directly punish a witness under Section 383 BNSS?

Yes, the Court can summarily take cognizance, conduct a quick trial, and sentence the offender.

4. What if an appeal is filed against the original judgment?

If an appeal or revision is filed, the trial for false evidence is stayed until the appeal is decided.

5. How is Section 383 BNSS different from Section 379 BNSS?

• Section 383 BNSS allows summary trials and immediate punishment for false evidence.
• Section 379 BNSS requires the Court to file a formal complaint, leading to a regular trial.

Conclusion

Section 383 BNSS is a crucial safeguard against perjury and fabricated evidence. It gives courts the power to immediately punish dishonest witnesses while ensuring that their trial is conducted fairly. By preventing false testimony, this provision strengthens the credibility of the justice system.

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