Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 383: Summary procedure for trial for giving 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.
Brief Detail
Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the summary procedure for trials involving witnesses who give false evidence. It allows a Court of Session or a Magistrate to take cognizance of the offence if a witness is found to have knowingly provided false evidence or fabricated evidence. The section stipulates that the court can impose a summary trial and sentence the offender to imprisonment of up to three months, a fine of up to one thousand rupees, or both. The court must follow the prescribed procedure for summary trials, and the section also clarifies that the court retains the right to make a complaint under section 379 if it chooses not to proceed under this section.
What does Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?
It addresses the summary procedure for trials involving witnesses who give false evidence.
What can a court do if it finds a witness has given false evidence?
The court can take cognizance of the offence and try the witness summarily.
What penalties can be imposed on a witness found guilty of giving false evidence?
The witness can be sentenced to imprisonment for up to three months, a fine of up to one thousand rupees, or both.
What must the court follow during such trials?
The court must follow the procedure prescribed for summary trials.
Can the court initiate a complaint under section 379?
Yes, the court can make a complaint under section 379 if it chooses not to proceed under this section.
What happens if an appeal is filed against the judgment in which false evidence was identified?
The court must stay further proceedings of the trial until the appeal or application for revision is disposed of.
Example
- A Court of Session delivers a judgment and expresses an opinion that a witness had knowingly given false evidence.
- The court decides to take cognizance of the offence and summons the witness.
- After a summary trial, the witness is found guilty and sentenced to a fine of one thousand rupees.
- If an appeal against the original judgment is later filed, the court stays further proceedings until the appeal is resolved.
Summary
Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for the summary trial of witnesses who give false evidence. It allows for quick resolution with specific penalties while ensuring that the court maintains the right to address the matter through other sections if necessary. Further proceedings are also stayed if an appeal is filed against the judgment.
