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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 383 BNSS at a Glance

Section 383 BNSS deals with summary procedure for trial for giving false evidence. It replaced Section 344 CrPC on 1 July 2024.

Was CrPC

Section 344 →

Section 383 BNSS 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.

Source: Section 383, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 383 BNSS in Simple Words

Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the summary trial of a witness for giving false evidence.

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 take cognizance of the offence and try such offender summarily.

The sentence may be imprisonment for a term which may extend to three months, or fine which may extend to one thousand rupees, or both.

When Section 383 BNSS Applies

  • Under Section 383(1) BNSS, the power arises 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.
  • Under Section 383(1) BNSS, 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.
  • Under Section 383(1) BNSS, the sentence may be imprisonment for a term which may extend to three months, or fine which may extend to one thousand rupees, or both.
  • Under Section 383(2) BNSS, in every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
  • Under Section 383(4) BNSS, where, after any action is initiated under Section 383(1) BNSS, it is made to appear that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion has been expressed, the Court of Session or Magistrate of the first class shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be.

Example of Section 383 BNSS

At the time of delivery of a judgment disposing of a judicial proceeding, a Magistrate of the first class expresses an opinion that Ravi, a witness appearing in the proceeding, had knowingly given false evidence. If satisfied that it is necessary and expedient in the interest of justice, the Magistrate may take cognizance of the offence under Section 383(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and, after giving Ravi a reasonable opportunity of showing cause why Ravi should not be punished, try Ravi summarily. The sentence may be imprisonment for a term which may extend to three months, or fine which may extend to one thousand rupees, or both. If an appeal is preferred against the judgment, the Magistrate shall stay further proceedings of the trial until the disposal of the appeal under Section 383(4) BNSS.

When Section 383 BNSS Does Not Apply

  • Section 383(3) BNSS provides that the power of the Court to make a complaint under Section 379 BNSS for the offence is not affected where the Court does not choose to proceed under Section 383 BNSS.
  • Section 383(4) BNSS does not allow the trial to go on once it is made to appear that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion has been expressed. The Court of Session or Magistrate of the first class shall stay further proceedings of the trial.

Section 383 BNSS in the CrPC (Previous Law)

Section 383 BNSS replaced Section 344 CrPC from 1 July 2024.

Section 344 of the Code of Criminal Procedure, 1973 is found in Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 383(1) BNSS states the fine as one thousand rupees where Section 344(1) CrPC stated the fine as five hundred rupees. Section 383(3) BNSS refers to Section 379 BNSS where Section 344(3) CrPC referred to Section 340 CrPC. Section 383(2) BNSS and Section 383(4) BNSS have the same text as Section 344(2) CrPC and Section 344(4) CrPC.

Each sub-section below names its own source.

FAQs on Section 383 BNSS

When may a Court try a witness summarily under Section 383(1) BNSS?▼

Under Section 383(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 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, take cognizance of the offence and try such offender summarily.

What sentence may be passed under Section 383(1) BNSS?▼

Under Section 383(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may sentence the offender to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both. This is after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence.

What happens under Section 383(4) BNSS if an appeal or revision is filed?▼

Under Section 383(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where, after any action is initiated under Section 383(1) BNSS, it is made to appear that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion has been expressed, the Court of Session or Magistrate of the first class shall stay further proceedings of the trial until the disposal of the appeal or the application for revision. The further proceedings of the trial shall abide by the results of the appeal or application for revision.

What changed from Section 344 CrPC to Section 383 BNSS from 1 July 2024?▼

From 1 July 2024, Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 344 of the Code of Criminal Procedure, 1973. The heading is the same. Section 383(1) BNSS states the limit of the fine as one thousand rupees, which differs from the limit of the fine stated in Section 344(1) CrPC. Section 383(3) BNSS refers to Section 379 BNSS where Section 344(3) CrPC referred to Section 340 CrPC. Section 383(2) BNSS and Section 383(4) BNSS have the same text as Section 344(2) CrPC and Section 344(4) CrPC.

Section 383 BNSS: Sub-sections Explained

Section 383(1) BNSS: Summary procedure for trial for giving false evidence

▶

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.

Previous Law

CrPC 344 → Section 383(1) BNSS

Section 383(2) BNSS: Summary procedure for trial for giving false evidence

▶

Bare Act Text

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

Previous Law

CrPC 344(2) → Section 383(2) BNSS

Section 383(3) BNSS: Summary procedure for trial for giving false evidence

▶

Bare Act Text

(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.

Previous Law

CrPC 344(3) → Section 383(3) BNSS

Section 383(4) BNSS: Summary procedure for trial for giving false evidence

▶

Bare Act Text

(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.

Previous Law

CrPC 344(4) → Section 383(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·