CrPC Section 344 and BNSS Section 383: Summary Trial for Giving False Evidence
A court may use a special summary procedure against a witness who knowingly gives or fabricates false evidence in a judicial proceeding. The former rule was Section 344 of the Code of Criminal Procedure, 1973 (CrPC). Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, is Section 383.
What does Section 344 CrPC provide?
Section 344 CrPC, titled Summary procedure for trial for giving false evidence, empowered a Court of Session or Magistrate of the first class to take cognizance and summarily try a witness in specified circumstances when disposing of a judicial proceeding. It contained four safeguards and procedural rules:
- Section 344(1): At the time of judgment or final order, the court must form an opinion that a witness knowingly or wilfully gave false evidence, or fabricated false evidence for use in the proceeding. The court must also consider a summary trial necessary and expedient in the interests of justice and give the witness a reasonable opportunity to show cause. The maximum sentence was three months of imprisonment, a fine of Rs. 500, or both.
- Section 344(2): The court must follow the procedure prescribed for summary trials as nearly as practicable.
- Section 344(3): The court remains free to use the complaint procedure under Section 340 CrPC instead of this summary route.
- Section 344(4): If an appeal or revision is filed against the judgment or order containing the court's opinion, further summary-trial proceedings must be stayed until that appeal or revision is decided, and then follow its outcome.
Current law: Section 383 BNSS
Section 383 BNSS preserves the essential framework of the former Section 344 CrPC. It applies where a Sessions Court or a first-class Magistrate, while delivering a judgment or final order, forms the specified opinion concerning a witness's deliberate false evidence or fabrication of evidence. The court may initiate a summary trial only when it considers that course necessary and expedient in the interests of justice.
Section 383(1): Conditions and punishment
The witness must have appeared in the judicial proceeding; the suspected conduct must involve knowing or wilful false evidence or fabrication intended for use in that proceeding; and the court must give the person a reasonable opportunity to show cause before proceeding to summary punishment. The maximum punishment is three months' imprisonment, a fine up to Rs. 1,000, or both.
Section 383(2): Summary-trial procedure
The court follows the statutory summary-trial procedure as nearly as practicable. A summary trial is a simplified form of criminal trial, not a power to dispense with procedural fairness or the requirement to establish the offence.
Section 383(3): Alternative court complaint
If the court does not choose the summary procedure, it may instead make a complaint under Section 379 BNSS, the successor to Section 340 CrPC. This provides a separate route for appropriate prosecution.
Section 383(4): Appeal or revision against the underlying order
Where an appeal or revision is filed against the judgment or order that recorded the court's opinion, the court must stay further proceedings in the summary trial until the appeal or revision is disposed of. Subsequent action is governed by that result.
CrPC Section 344 and BNSS Section 383 at a glance
| Issue | CrPC Section 344 | BNSS Section 383 |
|---|---|---|
| Subject | Summary trial for giving false evidence | Same subject |
| Competent court | Court of Session or first-class Magistrate | Court of Session or first-class Magistrate |
| Maximum imprisonment | 3 months | 3 months |
| Maximum fine | Rs. 500 | Rs. 1,000 |
| Alternative complaint route | Section 340 CrPC | Section 379 BNSS |
| Appeal or revision of underlying decision | Further summary proceedings stayed | Further summary proceedings stayed |
Meaning of important legal expressions
False evidence and fabricated false evidence
False evidence generally concerns a person legally bound to state the truth making a statement known or believed to be false. Fabrication concerns creating false circumstances, entries or documents with the requisite intention that they be used as evidence. The substantive offence definitions and punishments must be read with the applicable provisions of the Bharatiya Nyaya Sanhita, 2023, or the Indian Penal Code, 1860, where saved by law.
Expedient in the interests of justice
The court must determine that the particular use of summary criminal proceedings is justified to protect the administration of justice. A contradiction, mistake or an adverse finding about credibility does not automatically establish knowing or wilful false evidence.
Show-cause opportunity
Before using the summary power, the court must afford the affected witness a reasonable opportunity to explain why punishment should not follow. The statutory summary procedure must also be observed.
How the procedure operates
- A witness gives evidence during a judicial proceeding.
- At the time of delivering its judgment or final order, the Sessions Court or first-class Magistrate forms the requisite opinion concerning deliberate false evidence or fabrication.
- The court assesses whether a summary trial is necessary and expedient in the interests of justice.
- The witness receives a reasonable opportunity to show cause, followed by the applicable summary-trial process.
- The court decides the case and, if guilt is established, may impose punishment within the special statutory limits.
- If the underlying judgment or order is appealed or challenged in revision, further summary-trial proceedings are stayed as the statute requires.
Frequently asked questions
Is every incorrect statement by a witness punishable under Section 383 BNSS?
No. The provision concerns knowingly or wilfully false evidence or intentional fabrication and requires the court to satisfy the statutory conditions. An innocent mistake alone is insufficient.
Can the court proceed before delivering its final judgment?
The special power is framed around the court's opinion expressed at the time of delivering a judgment or final order disposing of the judicial proceeding. Other statutory remedies may be available in appropriate circumstances.
Does Section 383 BNSS replace Section 344 CrPC in every pending case?
The BNSS replaced the CrPC from 1 July 2024, but its repeal-and-savings provisions, including Section 531, can preserve the former procedure for specified pending proceedings. The applicable law depends on the procedural history and statutory savings.
What is the alternative to a summary trial?
The court may choose the complaint procedure under Section 379 BNSS, corresponding to Section 340 CrPC, rather than proceeding summarily under Section 383.
Official legislative sources
Read the official India Code legislation database for the CrPC, BNSS and related substantive laws. The Bureau of Police Research and Development BNSS reference PDF includes the CrPC-to-BNSS correspondence table. For the notified text and commencement information, consult the Ministry of Home Affairs.
Legal information updated on 18 October 2026. This article explains statutory provisions generally; case-specific application depends on the facts, the applicable procedural law and judicial orders.