Section 383 of BNSS, 2023 — Summary Procedure for Trial for Giving False Evidence

Introduction

Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special summary procedure for trying a witness for giving or fabricating false evidence in a judicial proceeding.

The provision allows a Court of Session or Magistrate of the first class to take cognizance of such an offence and conduct a summary trial when, while delivering a judgment or final order, the Court forms the required opinion that a witness knowingly or wilfully gave false evidence or fabricated false evidence.

The provision is intended to deal with deliberate falsehood in judicial proceedings while providing the person accused of giving false evidence an opportunity to explain why punishment should not be imposed.

Meaning of Section 383

Section 383 provides a special and relatively swift mechanism for dealing with false evidence given or fabricated by a witness during judicial proceedings.

The Court can proceed under this section when the statutory conditions are satisfied. It may take cognizance of the offence, give the alleged offender a reasonable opportunity to show cause, and then conduct a summary trial.

The maximum punishment under this special procedure is:

• imprisonment up to three months;
• fine up to one thousand rupees; or
• both.

Statutory Basis

Section 383 should be read with the following provisions:

• Section 215, BNSS: deals with prosecution relating to offences affecting the administration of justice, including specified offences concerning false evidence.
• Section 379, BNSS: provides the procedure for cases mentioned in Section 215.
• Section 382, BNSS: deals with the procedure of a Magistrate taking cognizance of complaints under the connected provisions.
• Section 383, BNSS: provides the special summary procedure for trial for giving false evidence.
• Section 390, BNSS: deals with appeals from convictions under Sections 383, 384, 388 and 389.

Object and Purpose

Section 383 serves two related purposes.

First, it provides a mechanism to respond directly to deliberate false evidence given during judicial proceedings.

Second, it avoids requiring every such matter to proceed through a lengthy ordinary prosecution where the Court itself has formed the statutory opinion regarding the false evidence.

At the same time, the section contains an important safeguard: the alleged offender must be given a reasonable opportunity to show cause before punishment is imposed.

Nature and Scope

Section 383 is a special summary trial provision.

It is not an ordinary provision for every allegation that a person has made a false statement. The section operates in the context of a judicial proceeding and requires the specific conditions stated in the provision to be satisfied.

The power is available to:

• a Court of Session; or
• a Magistrate of the first class.

Essential Elements

1. There Must Be a Judicial Proceeding

The provision applies to false evidence connected with a judicial proceeding.

The witness must have appeared in the proceeding and allegedly given or fabricated evidence in that proceeding.

2. The Court Must Be Delivering a Judgment or Final Order

The statutory mechanism is triggered at the time of delivery of a judgment or final order disposing of the judicial proceeding.

At that stage, the Court considers whether the conduct of a witness warrants action under Section 383.

3. The Witness Must Have Knowingly or Wilfully Given False Evidence

The Court must express an opinion that the witness knowingly or wilfully gave false evidence.

Therefore, the provision is concerned with deliberate or conscious falsehood rather than an innocent mistake or mere inconsistency in testimony.

4. Fabrication of False Evidence Is Also Covered

The provision also applies where the witness has fabricated false evidence with the intention that the fabricated evidence should be used in the judicial proceeding.

Thus, Section 383 covers both:

• giving false evidence; and
• fabricating false evidence for use in the proceeding.

5. The Court Must Be Satisfied That Summary Trial Is Necessary and Expedient

The Court must further be satisfied that it is necessary and expedient in the interests of justice that the witness should be tried summarily.

This is an important safeguard against mechanically initiating proceedings whenever testimony appears to be incorrect.

6. Reasonable Opportunity to Show Cause

Before punishment is imposed, the alleged offender must be given a reasonable opportunity of showing cause why the person should not be punished.

This ensures that the person has an opportunity to explain the alleged false evidence before the Court proceeds to punishment.

Procedure Under Section 383

The procedure can be understood step by step:

1. A judicial proceeding takes place.
2. A witness gives evidence or allegedly fabricates evidence.
3. At the time of delivering the judgment or final order, the Court considers the conduct of the witness.
4. The Court forms an opinion that the witness knowingly or wilfully gave false evidence or fabricated false evidence.
5. The Court considers whether summary trial is necessary and expedient in the interests of justice.
6. If satisfied, the Court takes cognizance of the offence.
7. The alleged offender is given a reasonable opportunity to show cause against punishment.
8. The Court may conduct a summary trial.
9. The Court may impose imprisonment up to three months, a fine up to one thousand rupees, or both.
10. If an appeal or revision is filed against the underlying judgment or order, further proceedings under Section 383 must be stayed in the circumstances specified in sub-section (4).

Summary Trial

Section 383(2) expressly requires the Court to follow, as nearly as may be practicable, the procedure prescribed for summary trials.

The purpose is to provide a simplified procedure while retaining the essential requirements of a criminal trial.

The special procedure does not mean that the Court can dispense with the safeguards expressly required by Section 383.

In particular, the opportunity to show cause before punishment remains essential.

Punishment

Where the Court proceeds under Section 383, the maximum punishment is:

• Imprisonment: up to three months
• Fine: up to ₹1,000
• Both: imprisonment and fine

The punishment under Section 383 is therefore limited to the maximum expressly prescribed by the provision.

Power to Make a Complaint Under Section 379

Section 383(3) preserves another procedural option.

If the Court chooses not to proceed under Section 383, nothing in the provision prevents the Court from making a complaint under Section 379 for the offence.

Therefore, the Court is not compelled to use the summary procedure merely because it has formed an opinion regarding false evidence.

The Court may instead follow the complaint procedure contemplated by Section 379.

Appeal or Revision Against the Original Judgment

Section 383(4) contains an important rule concerning an appeal or revision.

If proceedings under Section 383 have already been initiated and it is brought to the notice of the Court that:

• an appeal has been preferred; or
• an application for revision has been filed

against the judgment or order in which the opinion regarding the false evidence was expressed, the Court must stay further proceedings of the trial until the appeal or revision is disposed of.

The subsequent proceedings under Section 383 will then abide by the result of that appeal or revision.

Powers of the Court

The Court of Session or Magistrate of the first class has the power to:

• form the statutory opinion regarding false evidence;
• determine whether summary trial is necessary and expedient in the interests of justice;
• take cognizance of the offence;
• give the alleged offender an opportunity to show cause;
• conduct the summary trial;
• impose the punishment permitted by Section 383;
• stay further proceedings where the conditions in sub-section (4) are satisfied.

The power is therefore substantial, but it must be exercised within the conditions laid down by the section.

Important Safeguards

Section 383 contains several safeguards against arbitrary punishment.

Judicial Opinion Is Required

The Court must itself form the required opinion regarding the witness’s conduct.

Knowledge or Wilfulness Is Required

The provision refers to evidence being given knowingly or wilfully. An accidental error does not automatically satisfy this requirement.

Interests of Justice Must Be Considered

The Court must be satisfied that summary trial is necessary and expedient in the interests of justice.

Opportunity to Show Cause

The offender must receive a reasonable opportunity to explain why punishment should not be imposed.

Appeal or Revision Can Affect the Summary Proceedings

Where an appeal or revision against the underlying judgment or order is filed after action under Section 383 has commenced, the further trial proceedings must be stayed until that challenge is decided.

Important Distinctions

False Evidence and Mere Inconsistency

A contradiction or inconsistency in testimony does not by itself establish that a witness knowingly or wilfully gave false evidence.

Section 383 specifically requires the Court to form the opinion contemplated by the provision.

Section 383 and Section 379

Section 383 permits the Court itself to use the special summary procedure for trying the false-evidence offence.

Section 379 provides the separate complaint mechanism for offences covered by Section 215.

If the Court does not choose to proceed under Section 383, Section 383(3) preserves its power to make a complaint under Section 379.

Summary Trial and Ordinary Trial

A proceeding under Section 383 is a special summary trial.

The Court follows the summary-trial procedure as nearly as practicable, rather than conducting the matter as an ordinary full-length trial.

False Evidence and Fabricated Evidence

Giving false evidence concerns the evidence actually given by the witness.

Fabricating false evidence concerns creating or preparing false material with the intention that it be used as evidence in the judicial proceeding.

Both forms of conduct are covered by Section 383 when its statutory requirements are satisfied.

BNSS and CrPC

Section 383 BNSS corresponds to Section 344 of the Code of Criminal Procedure, 1973.

The core framework has been substantially retained.

Under both provisions:

• a Court of Session or Magistrate of the first class can act in relation to false evidence;
• the Court must form the required opinion concerning knowing or wilful false evidence or fabrication;
• the Court must consider whether summary trial is necessary and expedient in the interests of justice;
• the offender must receive an opportunity to show cause;
• summary-trial procedure is followed;
• the Court can impose a limited punishment;
• the alternative complaint mechanism is preserved; and
• proceedings are stayed when the underlying judgment or order becomes subject to appeal or revision in the circumstances specified by the provision.

The important statutory change in punishment is that the maximum fine under Section 383 BNSS is ₹1,000. Under Section 344 CrPC, the corresponding maximum fine was ₹500.

The provision is therefore largely a continuation of the earlier framework, with the BNSS renumbering the provision from Section 344 to Section 383 and modifying the maximum fine.

Case Law

Pannaram v. State of Rajasthan

The corresponding provision under the CrPC was considered in proceedings involving allegations that a witness had deliberately given false evidence.

The case illustrates the importance of the statutory conditions before summary action can be taken. The Court must form the required opinion regarding knowing or wilful false evidence and must be satisfied that summary prosecution is necessary and expedient in the interests of justice.

The decision was rendered under Section 344 CrPC and therefore serves as persuasive guidance for the substantially corresponding Section 383 BNSS.

Example

Suppose a witness gives evidence during a criminal trial. At the conclusion of the trial, the Court finds that the witness deliberately gave a false version of material facts and that the false testimony was knowingly given.

While delivering the final judgment, the Court forms the opinion required under Section 383.

If the Court is also satisfied that it is necessary and expedient in the interests of justice to deal with the witness summarily, it may take cognizance under Section 383.

Before imposing punishment, the Court must give the witness a reasonable opportunity to show cause.

If the witness is convicted in the summary proceedings, the Court may impose imprisonment up to three months, a fine up to ₹1,000, or both.

Common Confusions

Can every witness who gives contradictory evidence be punished under Section 383?

No.

The statutory requirements must be satisfied. The Court must form the required opinion that the witness knowingly or wilfully gave false evidence or fabricated false evidence.

Is the Court required to conduct a summary trial whenever it forms an opinion about false evidence?

No.

The Court must also be satisfied that it is necessary and expedient in the interests of justice to try the witness summarily.

Must the witness be given an opportunity to explain?

Yes.

Section 383 expressly requires a reasonable opportunity to show cause why the offender should not be punished.

Can the Court make a complaint instead of conducting a summary trial?

Yes.

Section 383(3) expressly preserves the Court’s power to make a complaint under Section 379 if it does not choose to proceed under Section 383.

What happens if an appeal or revision is filed against the original judgment?

The proceedings under Section 383 must be stayed in the circumstances specified in Section 383(4) until the appeal or revision is disposed of.

Important BNSS Provisions

Section 215

Provides the substantive procedural framework concerning prosecution for specified offences affecting public justice, including offences connected with false evidence.

Section 379

Provides the procedure for cases mentioned in Section 215 and preserves the complaint mechanism relevant to false-evidence offences.

Section 382

Deals with the procedure to be followed by a Magistrate taking cognizance of a complaint under the connected provisions.

Section 383

Provides the special summary procedure for trying a witness for giving or fabricating false evidence.

Section 390

Provides for appeals from convictions under Sections 383, 384, 388 and 389.

Topic at a Glance

• Topic: Summary Procedure for Trial for Giving False Evidence
• BNSS Section: Section 383
• Court: Court of Session or Magistrate of the first class
• Nature: Special summary trial procedure
• Conduct covered: Knowingly or wilfully giving false evidence or fabricating false evidence
• Trigger: Opinion formed by the Court at the time of delivering judgment or final order
• Additional requirement: Summary trial must be necessary and expedient in the interests of justice
• Safeguard: Reasonable opportunity to show cause
• Maximum imprisonment: Three months
• Maximum fine: ₹1,000
• Alternative: Complaint may be made under Section 379
• Pending appeal or revision: Further proceedings under Section 383 must be stayed as provided in sub-section (4)
• CrPC counterpart: Section 344

Quick Revision

• Section 383 BNSS deals with the summary trial of a witness for giving or fabricating false evidence.
• It applies to a Court of Session or Magistrate of the first class.
• The Court must form the required opinion at the time of delivering a judgment or final order.
• The false evidence must have been given knowingly or wilfully.
• Fabrication of false evidence is also covered where it was intended for use in the judicial proceeding.
• The Court must be satisfied that summary trial is necessary and expedient in the interests of justice.
• The offender must receive a reasonable opportunity to show cause.
• The Court follows the procedure prescribed for summary trials, as nearly as practicable.
• Maximum punishment is three months’ imprisonment, ₹1,000 fine, or both.
• The Court may instead make a complaint under Section 379.
• If an appeal or revision is filed against the underlying judgment or order, further proceedings under Section 383 must be stayed as prescribed by sub-section (4).
• Section 383 BNSS corresponds to Section 344 CrPC.
• The maximum fine has increased from ₹500 under CrPC to ₹1,000 under BNSS.

ALSO READ: Section 382 – Procedure of Magistrate taking cognizance

Conclusion

Section 383 BNSS gives a Court of Session or Magistrate of the first class a specific summary mechanism for dealing with deliberate false evidence in judicial proceedings. The power is subject to important safeguards, including the requirement of a judicial opinion, satisfaction that summary prosecution is necessary and expedient in the interests of justice, and a reasonable opportunity for the alleged offender to show cause. The provision largely continues the framework of Section 344 CrPC while increasing the maximum fine from ₹500 to ₹1,000.