CrPC Section 344: Summary Trial for Giving False Evidence – Explained

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CrPC Section 344: Summary Trial for Giving False Evidence

1. Code:

Section 344 of the Code of Criminal Procedure, 1973 deals with the summary trial for giving false evidence.

2. Explanation:

This section empowers a Magistrate to conduct a summary trial for the offence of giving false evidence under Section 193 of the Indian Penal Code (IPC).
The trial can be conducted summarily if the Magistrate is satisfied that the accused has given false evidence in a judicial proceeding.

3. Illustration:

Imagine a witness named Raj is giving evidence in a theft case. Raj testifies that he saw the accused stealing the item. Later, it is proven that Raj was not at the scene of the crime and was lying. In this case, the Magistrate can initiate a summary trial against Raj under Section 344 for giving false evidence.

4. Common Questions and Answers:

Q: What is the punishment for giving false evidence?
A: The punishment for giving false evidence under Section 193 IPC is imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Q: Can a summary trial be conducted for all cases of false evidence?
A: No, Section 344 specifies that the summary trial can only be conducted for the offence of giving false evidence under Section 193 IPC.

Q: What are the advantages of a summary trial?
A: Summary trials are generally faster and less formal than regular trials.

Q: Can the accused appeal against the verdict in a summary trial?
A: Yes, the accused has the right to appeal against the verdict in a summary trial.

Also Read  CrPC Section 318: Procedure When Accused Doesn't Understand Proceedings
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