Section 383 BNSS: Summary Procedure for Trial for Giving False Evidence

Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special summary procedure by which a Court of Session or a Magistrate of the first class may deal with a witness who knowingly or wilfully gives false evidence, or fabricates false evidence for use in the proceeding, when immediate summary action is considered necessary and expedient in the interest of justice.

What Section 383 BNSS provides

The provision empowers the court, at the time of delivering a judgment or final order in a judicial proceeding, to form an opinion that a witness knowingly or wilfully gave false evidence or fabricated false evidence with the intention that it be used in that proceeding. If the court also considers a summary trial necessary and expedient in the interest of justice, it may take cognizance, give the person a reasonable opportunity to show cause, and try the person summarily.

Key requirements before the court can use Section 384

• The opinion must be formed at the time of delivery of the judgment or final order disposing of the judicial proceeding.
• The person proceeded against must be a witness appearing in that proceeding.
• The court must form the opinion that the witness knowingly or wilfully gave false evidence, or fabricated false evidence for use in the proceeding.
• The court must separately be satisfied that a summary trial is necessary and expedient in the interest of justice.
• The person must be given a reasonable opportunity to show cause before punishment is imposed.
• The summary-trial procedure must be followed as nearly as practicable.

Punishment under the summary procedure

Where the court proceeds under Section 383, the sentence may extend to imprisonment for three months, or a fine up to Rs. 1,000, or both. This is the punishment that may be imposed in the special summary proceeding under Section 383; it should not be confused with the general punishment provisions for false evidence under the Bharatiya Nyaya Sanhita, 2023.

Meaning of giving and fabricating false evidence

The substantive concepts are dealt with in the Bharatiya Nyaya Sanhita, 2023. Section 227 defines giving false evidence, Section 228 defines fabricating false evidence, and Section 229 prescribes punishment for false evidence. In broad terms, giving false evidence involves making a statement known or believed to be false when legally bound to state the truth, while fabrication involves creating a false circumstance, entry, document, electronic record or statement with the required intention that it appear in evidence and cause an erroneous opinion on a material point.

Effect of an appeal or revision

If an appeal or revision is filed against the judgment or order in which the court expressed the opinion that led to action under Section 383(1), further proceedings in the summary trial must be stayed until that appeal or revision is decided. The continuation of the summary proceeding then depends on the result of that appellate or revisional process.

Alternative course under Section 379

Section 383 does not take away the court's power to make a complaint under Section 379 where the court does not choose to use the summary procedure. The provision therefore preserves the ordinary complaint route for offences affecting the administration of justice.

Section 382 and Section 383: important distinction

Section 382 BNSS concerns the procedure to be followed by a Magistrate to whom a complaint is made under Section 379 or Section 380. Section 383 BNSS is the provision dealing with summary trial for giving or fabricating false evidence. Correct numbering is important for pleadings, legal research, citations and search results.