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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice

Section 383 BNSS: Summary procedure for trial for giving false evidence

Corresponding CrPC
Section 344 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

At delivery of a judgment or final order, a Court of Session or first class Magistrate may express the opinion that a witness knowingly gave or fabricated false evidence. If satisfied it is necessary in the interest of justice, he may take cognizance and, after giving the witness an opportunity to show cause, try him summarily and sentence him to imprisonment up to three months or a fine up to one thousand rupees, or both.

Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice

  1. 379 Procedure in cases mentioned in section 215
  2. 380 Appeal
  3. 381 Power to order costs
  4. 382 Procedure of Magistrate taking cognizance
  5. 383 Summary procedure for trial for giving false evidence
  6. 384 Procedure in certain cases of contempt
  7. 385 Procedure where Court considers that case should not be dealt with under section 384
  8. 386 When Registrar or Sub-Registrar to be deemed a Civil Court
  9. 387 Discharge of offender on submission of apology
  10. 388 Imprisonment or committal of person refusing to answer or produce document
  11. 389 Summary procedure for punishment for non-attendance by a witness in obedience to summons
  12. 390 Appeals from convictions under sections 383, 384, 388 and 389
  13. 391 Certain Judges and Magistrates not to try certain offences when committed before themselves