Section 344 CrPC: Summary procedure for trial for giving false evidence

Code of Criminal Procedure, 1973

Section 344 CrPC at a Glance

Section 344 CrPC deals with summary procedure for trial for giving false evidence. From 1 July 2024 it is replaced by Section 383 BNSS.

Now BNSS

Section 383 →

What Section 344 CrPC Says

344. 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 five hundred 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 340 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 344, Code of Criminal Procedure, 1973

Section 344 CrPC in Simple Words

Section 344 of the Code of Criminal Procedure, 1973 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 five hundred rupees, or both.

When Section 344 CrPC Applies

  • Under Section 344(1) CrPC, 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 344(1) CrPC, 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 344(1) CrPC, the sentence may be imprisonment for a term which may extend to three months, or fine which may extend to five hundred rupees, or both.
  • Under Section 344(2) CrPC, in every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
  • Under Section 344(4) CrPC, where, after any action is initiated under Section 344(1) CrPC, 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 344 CrPC

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 344(1) of the Code of Criminal Procedure, 1973 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 five hundred 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 344(4) CrPC.

When Section 344 CrPC Does Not Apply

  • Section 344(3) CrPC provides that the power of the Court to make a complaint under Section 340 CrPC for the offence is not affected where the Court does not choose to proceed under Section 344 CrPC.
  • Section 344(4) CrPC 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 344 CrPC Under BNSS 383: What Changed

Section 344 CrPC is now covered under Section 383 BNSS.

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.

View detailed comparison (CrPC 344 vs BNSS 383) →

FAQs on Section 344 CrPC

When may a Court try a witness summarily under Section 344(1) CrPC?▼

Under Section 344(1) of the Code of Criminal Procedure, 1973, 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 344(1) CrPC?▼

Under Section 344(1) of the Code of Criminal Procedure, 1973, the Court may sentence the offender to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred 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 344(4) CrPC if an appeal or revision is filed?▼

Under Section 344(4) of the Code of Criminal Procedure, 1973, where, after any action is initiated under Section 344(1) CrPC, 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.

Where is Section 344 CrPC found in BNSS from 1 July 2024?▼

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 344 CrPC is found in Section 383 BNSS. Section 344(1) CrPC is found in Section 383(1) BNSS, Section 344(2) CrPC in Section 383(2) BNSS, Section 344(3) CrPC in Section 383(3) BNSS and Section 344(4) CrPC in Section 383(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·