Summary procedure for trial for giving false evidence
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Summary
When a Court of Session or a Magistrate of the first class, while delivering a judgment or final order, forms the opinion that a witness knowingly gave or fabricated evidence to be used in that proceeding, the court may take cognizance and summarily try the witness after giving a reasonable opportunity to show cause. The court may sentence the witness to up to three months imprisonment, or to a fine up to one thousand rupees, or both, following summary-trial procedure. The court may instead prefer a complaint under section 379, and if an appeal or revision is filed against the judgment the summary trial must be stayed until that appeal or revision is disposed.
Example
Rohan testified in a theft case and, at the judgment hearing, the Magistrate believed Rohan had knowingly lied to help one party. The Magistrate gave Rohan a chance to explain and summarily tried him under this provision. Rohan could be sentenced to up to three months imprisonment, or fined up to one thousand rupees, or both.
Bare Act
Enacted 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.
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