Summary procedure for trial for giving false evidence
Section 344 of the Code of Criminal Procedure, 1973 deals with summary procedure for trial 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 ap- pearing in such proceeding had knowingly or wilfully given false evidence or had fabricated fal The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 ap- pearing 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.
Section 344, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 383 Summary procedure for trial for giving false evidence Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pawan Kumar Gaud Son of Durgashankar vs State of Rajasthan
Court's Decision & Legal Precedent
When a witness who initiates a criminal complaint and participates as an independent witness in trap proceedings subsequently turns hostile during trial and gives false evidence with the intention of saving the accused from criminal charges, the trial court is justified in issuing a show cause notice under Section 344 CrPC, provided the mandatory conditions are satisfied: (1) the court forms an opinion that the witness knowingly or willfully gave false evidence, (2) the court concludes that in the interest of justice the witness should be punished summarily, and (3) the witness is given reasonable opportunity to show cause. The High Court will not interfere with such action under Section 482 CrPC.
On this section: Summary trial and punishment for perjury - the court must form an opinion that the witness knowingly or willfully gave false evidence or fabricated evidence, and must give the witness reasonable opportunity to show cause before punishment. The provision is invoked to combat the growing menace of perjury and fabrication of evidence in criminal proceedings.
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Bhagat Singh Tokas vs State
Court's Decision & Legal Precedent
Section 344(4) Cr.P.C. imposes a mandatory statutory duty on the trial court to stay all further proceedings of the trial once an appeal or application for revision has been preferred against the judgment or order in which the opinion regarding false evidence has been expressed. The trial court cannot proceed with any further action, including issuance of show cause notices, while the appeal is pending before the appellate court. The further proceedings must abide by the results of the appeal.
On this section: The court applied Section 344(4) Cr.P.C., which mandates that where an appeal or application for revision has been preferred against a judgment or order, the Court of Session or Magistrate of the First Class shall stay further proceedings of the trial until disposal of the appeal or revision. The court recognized this as a mandatory statutory requirement.
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Pannaram vs State of Rajasthan
Court's Decision & Legal Precedent
A Judicial Magistrate who files a complaint against an accused and takes cognizance of the offence cannot try the case, as it violates the absolute prohibition under Section 352 Criminal Procedure Code and the fundamental principle of natural justice that no man can be a judge in his own cause (Nemo Debet Esse Judex In Propria Sua Causa). The prohibition is personal to the officer and not to the office, therefore the matter can be remanded to the same office if a different judicial officer is now working there.
On this section: These sections provide exceptions to the prohibition under Section 352 CrPC. The court found that the offences in the present case did not fall under any of these exceptions.
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Mohan Lal Jatia vs Registrar General
Court's Decision & Legal Precedent
A complaint filed by the Registrar General of the Supreme Court under Section 340 Cr.P.C. must be treated as if instituted on a police report in accordance with Section 343(1) Cr.P.C., notwithstanding the provisions of Chapter XV relating to complaint cases. Consequently, the trial shall proceed as a warrant trial case on a police report, and pre-charge evidence recording is not required when the investigating agency (CBI) has already completed its investigation and material is available on record. The procedure under Sections 245 and 246 Cr.P.C. (applicable to warrant trial cases on complaint) does not apply to such cases.
On this section: Provides for summary trial procedure for offences affecting administration of justice; allows trial court discretion to follow summary procedure or make complaint under Section 340
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Unfortunately, all laws tend to be misused whenever opportunity knocks, and Section 167 of the Code of Criminal Procedure, 1898 was no exception. Since there was a practical difficulty in completing investigations within the 15 day time limit, the prosecution often took recourse to the provisions of Section 344 of the Code of Criminal Procedure, 1898 and filed a preliminary or incomplete report before the Magistrate to keep the accused in custody. The Law Commission of India noted this in its 41st Report (after carefully studying several earlier Reports) and proposed to increase the time limit for completion of …
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… amount of Rs. 19,00,000/- is continued with Sadashiv Satish Vaidya subject to same conditions as mentioned in order below Exh.9 dated 10.05.2018 till conclusion of trial in connection with C.R.No. 208/2019. 7] Issue notice to PW.1 and PW.2 namely Sanjay Alo Parad and Faruq Hamidsab Shaikh under Section 340 and / or Section 344 of the Code of Criminal Procedure to show cause, why each of them shall not be prosecuted for giving knowingly or willfully false evidence and, be punished for the said offence. Returnable on 12.11.2024. 8] The copy of this judgment shall be forwarded to the District Magistrate (Collector), Thane for information …
Questions about Section 344
What have the courts held on Section 344 of the Code of Criminal Procedure?
Pawan Kumar Gaud Son of Durgashankar vs State of Rajasthan (30 May 2024) is the leading judgment on this section among those set out below: Summary trial and punishment for perjury - the court must form an opinion that the witness knowingly or willfully gave false evidence or fabricated evidence, and must give the witness reasonable opportunity to show cause before punishment. The provision is invoked to combat the growing menace of perjury and fabrication of evidence in criminal proceedings. Another 3 judgments on this section are set out below. They run from 2006 to 2024.
How do I find court cases under Section 344 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 344, section 344 CRPC, section 344 of the Code of Criminal Procedure. People searching for it also type crpc 344 in bnss and crpc 344 provisions. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Pawan Kumar Gaud Son of Durgashankar vs State of Rajasthan (30 May 2024).
What should I read with Section 344 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 340 (Procedure in cases mentioned in section 195), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 383 (Summary procedure for trial for giving false evidence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 344 of the Code of Criminal Procedure come into force?
Section 344 of the Code of Criminal Procedure, cited as CRPC 344, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.