Introduction to Section 383 BNSS
BNSS Section 383 is a special provision that empowers the Court of Session or a Magistrate of the first class to take quick legal action against false evidence during judicial proceedings. If a court believes that a witness has knowingly given false testimony or produced fabricated evidence, it can try the offender summarily—meaning a quicker and simplified trial. This provision helps protect the integrity of the judicial process and ensures truthful participation in court proceedings.
What is BNSS Section 383?
BNSS Section 383 consists of four sub-sections:
- Sub-section (1): Allows the court to take cognizance of false evidence during judgment delivery and start a summary trial.
- Sub-section (2): Directs courts to follow summary trial procedures under BNSS.
- Sub-section (3): Does not restrict the court from filing a formal complaint under Section 379 instead.
- Sub-section (4): Requires the court to stay proceedings under 383 if an appeal or revision is pending in the main case.
It empowers courts to maintain truthfulness and authority during judicial trials.
BNSS Section of 383 in Simple Points
1. Summary Trial for False Evidence
BNSS 383 gives courts the power to initiate a summary trial against a witness who gives false evidence or fabricates facts during a legal proceeding. This trial can be started immediately at the time of delivering the final order or judgment. It applies only when the court is sure that the witness acted knowingly and wilfully to mislead the court. The idea is to ensure that falsehoods are corrected within the same judicial process. This summary trial avoids delays and emphasizes that truthfulness in the court cannot be compromised.
2. Punishment – Quick and Limited
If the witness is found guilty under BNSS 383, they may face imprisonment for up to three months, or a fine of up to ₹1000, or both. This penalty, though modest, serves as a deterrent to those who attempt to manipulate the justice system through false statements. The punishment is kept light because the procedure is summary and speedy, and not a full trial. Yet, the effect is powerful—it ensures accountability and warns witnesses to be truthful. Even a short sentence is often enough to maintain discipline in the courtroom.
3. Accused Has Right to Be Heard
Even in a summary trial, the court must follow basic principles of natural justice. Before any punishment is given, the person accused of giving false evidence must be given a reasonable opportunity to explain or show why they should not be punished. This maintains fairness in judicial procedures, even when speed is a priority. The offender can present their side, produce evidence, or request leniency. This safeguard ensures that no innocent person is punished unfairly under this section. Thus, the law stays both fast and fair.
4. Trial Can Be Paused If Appeal Is Pending
BNSS Section 383(4) says that if the main judgment (from where the false evidence was identified) is challenged in appeal or revision, the summary trial must be put on hold. This prevents a situation where someone is punished based on a judgment that might later be reversed or changed. The summary trial will only resume after the appeal is decided. This is a smart safeguard to ensure that the process remains legally valid and consistent. It protects the accused from double risk and ensures finality before punishment.
5. Court May Use Section 379 Instead
The court has the option to not use BNSS 383 if it feels the offence requires deeper examination. Instead, it may file a complaint under BNSS Section 379, which follows a more detailed process. This gives the court flexibility to choose between speed (383) and detail (379) depending on the seriousness of the false evidence. Some cases may need full evidence, cross-examination, and deeper inquiry—this is where Section 379 is useful. BNSS 383 is ideal for clear and direct instances of perjury. This dual system keeps the justice process efficient and adaptable.
383 BNSS Overview
BNSS 383 aims to safeguard justice by dealing promptly with cases of false evidence or fabricated documents used in court. Instead of initiating a lengthy complaint under BNSS 379, this section enables a speedy trial using summary procedure. The offender is given a chance to defend themselves, but the court can directly sentence them if found guilty. If there is an appeal in the original case, the trial under 383 is put on hold. This section strikes a balance between quick punishment and legal fairness.
BNSS Section 383 – Summary Procedure for Trial for Giving False Evidence
(Chapter XXVIII – Provisions as to Offences Affecting the Administration of Justice)
1. Introduction to BNSS Section 383
BNSS Section 383 empowers the Court of Session or a Magistrate of the first class to immediately act when it finds a witness has knowingly or wilfully given false evidence during a judicial proceeding. It provides for a summary trial in such cases to ensure swift punishment. The provision exists to maintain the sanctity of court proceedings and deter misuse of the justice system. Giving false evidence is a serious offence, as it can mislead the court and affect innocent lives. This section ensures that such acts are not just recorded, but acted upon promptly and firmly.
2. Immediate Cognizance by Court or Magistrate
One of the most significant powers under Section 383 is that the court can take cognizance instantly during the pronouncement of a final judgment or order. If the judge or magistrate expresses an opinion that a witness lied or fabricated evidence, they are allowed to initiate trial proceedings immediately. This avoids unnecessary delay in punishing perjury. The court must be satisfied that the falsehood was deliberate and made with intent to affect the outcome. This power prevents the misuse of witness testimony and upholds the integrity of judicial findings.
3. Reasonable Opportunity for the Accused
Even though Section 383 permits summary trials, it does not eliminate natural justice. Before punishing the offender, the court must provide a reasonable opportunity to the accused to explain why they should not be punished. This ensures that no person is convicted without a fair chance to defend themselves. The accused may clarify, deny, or justify their statements under scrutiny. The aim is not to rush judgment but to ensure quick but fair disposal of perjury cases. Thus, the process remains transparent and constitutionally valid.
4. Punishment for False Evidence – Quick and Limited
Under this provision, if found guilty, the offender may be sentenced to imprisonment up to 3 months, or be fined up to ₹1,000, or both. Though the sentence may appear modest, the aim is to enable quick corrective action during the same judicial proceeding. This is especially useful in maintaining control over trial decorum and ensuring trust in the system. The punishment also acts as a deterrent for others who may consider giving false evidence. In some cases, the court may prefer making a full complaint under Section 379 instead.
5. Use of Summary Trial Procedure
BNSS Section 383 mandates that the court shall use the summary trial procedure, as defined elsewhere in the BNSS. A summary trial is designed to be faster and more efficient, with minimal procedural complexity. This doesn’t mean it is unfair—it simply means that it follows a shorter, more direct path to verdict and sentencing. This makes it suitable for clear and direct offences like giving false evidence during the trial. Summary procedures help the courts avoid unnecessary delay and ensure that truthfulness in testimony is preserved swiftly.
6. Optional Use of Section 379 Instead
Sub-section (3) of BNSS 383 states that this section does not restrict the court from using Section 379 instead of 383. If the court feels that a full formal complaint is more appropriate, especially in more severe cases, it can proceed under Section 379. This gives flexibility to the court depending on the nature and seriousness of the false evidence. For minor or straightforward lies, the court may choose summary punishment under 383. For more complex or repeated perjury, a detailed inquiry under 379 may be preferred. This dual option system helps maintain both speed and depth.
7. Suspension of Trial if Appeal or Revision Is Filed
If the court finds out that an appeal or revision has been filed against the judgment where the false evidence was noted, it must suspend further proceedings under Section 383. The idea is to prevent a situation where someone is punished for falsehood, but the original judgment is later overturned. The outcome of the appeal may influence whether the testimony was truly false or not. Therefore, the law insists that trial under 383 should be put on hold until final appellate review. This provision ensures legal consistency and fairness.
8. When Can Court Invoke This Section?
The court can use this section only at the conclusion of a judicial proceeding, not in the middle of the trial. This timing is critical, as it allows the judge or Magistrate to review the entire testimony and evidence before deciding if falsehood occurred. Only after delivering the judgment or final order can the court express the opinion and act under 383. This ensures that the judge takes an informed and balanced view. It also ensures the court is not distracted during the trial by side proceedings of perjury.
9. Ensuring Honesty in Courtrooms
BNSS Section 383 is a vital tool to preserve honesty and discipline in judicial proceedings. When witnesses lie, it directly impacts the course of justice. Quick action against false evidence restores confidence in the fairness and seriousness of the legal system. This section empowers courts to act immediately and not let lies go unpunished. It signals that the courtroom is not a place for manipulation, lies, or drama. By addressing falsehood directly, courts reinforce the dignity and decorum of the judicial process.
10. Conclusion – Why Section 383 Matters
BNSS Section 383 strengthens the justice system by allowing courts to take prompt and fair action against those who lie under oath. It provides a time-saving and effective remedy through summary trials, ensuring that deliberate perjury does not go unchecked. The provision includes safeguards like fair hearing and adjournment in case of appeal. It also gives courts the freedom to opt for a full complaint under Section 379, if needed. Overall, it reflects the evolving needs of Indian law—where efficiency, fairness, and deterrence go hand in hand.
Example 1: Perjury in a Criminal Case
In a theft trial, a key witness knowingly gives false evidence to protect the accused. At the time of judgment, the Magistrate notes this misconduct and invokes BNSS 383 to start a summary trial. The witness is found guilty and fined ₹1000.
Example 2: Fabricated Document in Civil Case
During a property dispute, a forged document is submitted. The judge identifies the fabrication in the final order and immediately initiates summary proceedings under BNSS 383. But when informed of a pending appeal, the court pauses the case until the appeal is resolved.
BNSS Section 383 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 383 |
| Purpose | Allows courts to quickly punish those giving false evidence or using fake documents in proceedings through a summary trial system. |
| Procedure | Court can take immediate cognizance at judgment, conduct a summary trial, and give a fair hearing before imposing punishment. |
| Safeguards | Trial is paused if an appeal or revision is pending; accused must get a chance to explain; court may also proceed under Section 379 if required. |
| Punishment | Up to 3 months imprisonment or ₹1,000 fine (or both); ensures quick, fair, and firm handling of perjury offences. |
Why Is BNSS 383 Needed?
BNSS Section 383 is essential because false evidence threatens the core of justice. Witnesses who lie or fabricate facts can change the outcome of a case, letting the guilty go free or punishing the innocent. A slow and lengthy complaint process discourages action against such witnesses. That’s why Section 383 introduces a quick, in-built correction mechanism. It allows courts to deal with perjury on the spot, within the same proceeding. It saves time, protects credibility, and ensures that people think twice before speaking lies in court. Without such a provision, the entire judicial system could become vulnerable to manipulation and deceit.
BNSS Section 383 FAQs
BNSS 383
Conclusion
BNSS Section 383 gives courts the power to act immediately against false evidence or fake documents presented in court. It enables a fast, fair summary trial with a short punishment and ensures honesty in judicial proceedings, while also pausing action if an appeal is ongoing.
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