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

Summary

Sub-section (1) applies when, while delivering a judgment or final order that disposes of a judicial proceeding, a Sessions Court or first-class Magistrate states an opinion that a witness knowingly or wilfully gave false evidence, or fabricated false evidence intending it to be used in that proceeding. If the Court or Magistrate considers a summary trial necessary and expedient in the interests of justice, it may take up the offence and, after giving the person a reasonable opportunity to explain why they should not be punished, try the matter summarily. It may impose imprisonment for up to three months, a fine of up to five hundred rupees, or both.

Sub-section (2) requires the Court, in each such case, to follow the procedure prescribed for summary trials as nearly as practicable.

Sub-section (3) preserves the Court’s power to make a complaint under section 340 for the offence if it does not proceed under this section.

Sub-section (4) applies after action has begun under sub-section (1). If it appears to the Sessions Court or first-class Magistrate that an appeal or revision application has been filed against the judgment or order containing the opinion mentioned in sub-section (1), the Court or Magistrate must pause the trial proceedings until that appeal or application is decided. The further trial proceedings must then follow the result of the appeal or revision application.

Official 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 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.

Sections referred to

• CrPC §340 — Procedure in cases mentioned in section 195

Referred to by

• CrPC §351 — Appeals from convictions under sections 344, 345, 349 and 350
• CrPC §352 — Certain Judges and Magistrates not to try certain offences when committed before themselves

Old <-> New Code Mapping

• BNSS §383 — Summary procedure for trial for giving false evidence