(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.
Bharatiya Nagarik Suraksha Sanhita
Section 383
Summary procedure for trial for giving false evidence
⚡ Quick Answer Reference: Section 383 BNSS
- Provision: Section 383 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: If a court finds out that someone gave false evidence in a case, it can try them quickly and give them a short sentence. The court must follow the usual rules for quick trials.
What does Section 383 of BNSS say?
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What does Section 383 of BNSS mean?
Plain English Explanation
If a court finds out that someone gave false evidence in a case, it can try them quickly and give them a short sentence. The court must follow the usual rules for quick trials.
Practical Interpretation
This section allows courts to handle cases of false evidence quickly, without going through the full trial process. It's meant to be used when the court is sure that someone gave false evidence and it's necessary to punish them quickly.
Core Legal Purpose
The core purpose of this section is to provide a quick and efficient way for courts to deal with cases of false evidence, while also ensuring that justice is served.
- •The court must express an opinion that the witness gave false evidence.
- •The court must be satisfied that it's necessary and expedient to try the witness quickly.
- •The witness must have knowingly or wilfully given false evidence.
- •The court must follow the usual rules for quick trials.
Practical Example of Section 383 BNSS
Rajesh is a witness in a case against Amit. During the trial, the court finds out that Rajesh gave false evidence. The court expresses an opinion that Rajesh knowingly gave false evidence and decides to try him quickly under Section 383. Rajesh is given a chance to explain himself, and after a quick trial, he is sentenced to three months in prison or a fine of one thousand rupees.
Frequently Asked Questions about Section 383 BNSS
Q: What is the punishment or consequence under Section 383 of BNSS?
The punishment under Section 383 is imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both.
Q: Does this section apply to private individuals or public entities?
This section applies to witnesses who give false evidence in any judicial proceeding.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. However, the offence of giving false evidence is generally considered a cognizable offence.
Common Questions about Section 383 BNSS
What is Section 383 of BNSS?
Section 383 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Summary procedure for trial for giving false evidence". In plain terms: If a court finds out that someone gave false evidence in a case, it can try them quickly and give them a short sentence. The court must follow the usual rules for quick trials.
What is the punishment under Section 383 of BNSS?
Section 383 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 383 of BNSS bailable or non-bailable?
Whether Section 383 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 383 of BNSS?
The essential elements of Section 383 of BNSS are: The court must express an opinion that the witness gave false evidence.; The court must be satisfied that it's necessary and expedient to try the witness quickly.; The witness must have knowingly or wilfully given false evidence..
Landmark Judgments under Section 383 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 383
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