Sections 343 and 344 CrPC: Procedure of Magistrate Taking Cognizance and Summary Trial for False Evidence

Sections 343 and 344 of the Code of Criminal Procedure, 1973 formed part of the provisions dealing with offences affecting the administration of justice. Section 343 prescribed how a Magistrate should proceed on a complaint made under Sections 340 or 341, while Section 344 provided a special summary procedure where a witness knowingly or wilfully gave or fabricated false evidence in a judicial proceeding.

Applicability note: This article explains the CrPC position applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. Under the current BNSS, the corresponding provisions are Section 382 for procedure of Magistrate taking cognizance and Section 383 for summary procedure for trial for giving false evidence. Transitional and pending matters are subject to the repeal and savings provisions of the new law.
On this page Section 343 CrPC Section 344 CrPC Difference Related provisions

Section 343 CrPC - Procedure of Magistrate Taking Cognizance

Meaning: Section 343 governed the procedure to be followed by a Magistrate when a complaint was made under Section 340 or Section 341 CrPC in relation to specified offences affecting the administration of justice. It created a special procedural rule by directing that the complaint should, as far as possible, be dealt with as a case instituted on a police report.

Section 343(1)

A Magistrate receiving a complaint under Section 340 or Section 341 CrPC was required, notwithstanding the ordinary complaint procedure contained in Chapter XV of the CrPC, to proceed as far as may be as though the case had been instituted on a police report.

Section 343(2)

If the Magistrate was informed that an appeal was pending against the decision in the judicial proceeding from which the matter arose, the Magistrate could, if considered appropriate, adjourn the hearing until that appeal was decided.

Practical effect of Section 343

  • It applied to complaints made through the special court-complaint mechanism under Sections 340 and 341 CrPC.
  • The Magistrate was not required to treat such a complaint in the same manner as an ordinary private complaint under Chapter XV.
  • The proceeding was to be handled, as far as possible, like a case instituted on a police report.
  • A pending appeal in the underlying judicial proceeding could justify adjournment of the prosecution.

Section 344 CrPC - Summary Procedure for Trial for Giving False Evidence

Meaning: Section 344 empowered a Court of Session or a Magistrate of the first class to use a summary procedure against a witness who, in the court's opinion, knowingly or wilfully gave false evidence or fabricated false evidence for use in the judicial proceeding. The power was conditional and was intended to be exercised only where the court considered a summary trial necessary and expedient in the interest of justice.

Section 344(1) - Conditions and punishment

At the time of delivering the judgment or final order, the Court of Session or Magistrate of the first class had to form an opinion that a witness had knowingly or wilfully given false evidence or fabricated false evidence with the intention that it be used in that proceeding. The court also had to be satisfied that a summary trial was necessary and expedient in the interest of justice.

Before punishment, the person had to receive a reasonable opportunity to show cause. Under the pre-BNSS CrPC provision, the maximum sentence under this special summary procedure was imprisonment up to three months, or fine up to Rs. 500, or both.

Section 344(2) - Summary trial procedure

The court was required, as nearly as practicable, to follow the procedure prescribed for summary trials.

Section 344(3) - Court may proceed under Section 340 instead

The summary power under Section 344 did not take away the court's power to make a complaint under Section 340 CrPC. Thus, the court could choose the regular complaint route where it did not consider the special summary procedure appropriate.

Section 344(4) - Stay when appeal or revision is filed

If, after action under Section 344(1) had begun, an appeal or revision was filed against the judgment or order containing the opinion about false evidence, the court was required to stay the summary trial until disposal of that appeal or revision. Further proceedings would then follow the result of the appellate or revisional proceeding.

Essential safeguards under Section 344

  • The alleged falsehood had to concern evidence given or fabricated by a witness in the judicial proceeding.
  • The court had to form the relevant opinion at the time of the judgment or final order disposing of the proceeding.
  • The false evidence had to be knowingly or wilfully given, or knowingly fabricated for use in the proceeding.
  • The court had to consider summary prosecution necessary and expedient in the interest of justice.
  • A reasonable opportunity to show cause was mandatory before punishment.
  • An appeal or revision against the underlying judgment triggered the statutory stay contemplated by Section 344(4).

Difference Between Sections 343 and 344 CrPC

Point Section 343 CrPC Section 344 CrPC
Subject Procedure before the Magistrate after a complaint under Section 340 or 341. Special summary procedure against a witness for knowingly or wilfully giving or fabricating false evidence.
Nature Procedural direction on how the complaint is to be dealt with. Independent summary-trial power subject to statutory safeguards.
Underlying procedure Case is dealt with, as far as may be, as if instituted on a police report. Procedure for summary trials is followed as nearly as practicable.
Effect of challenge to underlying decision Magistrate may adjourn when an appeal is pending. Further proceedings must be stayed when the specified appeal or revision is filed after action is initiated.

Sections 343 and 344 should be read in the context of the surrounding provisions on offences affecting the administration of justice. Sections 340, 341 and 342 CrPC dealt with the complaint procedure, appeal and costs. The succeeding provisions address contempt-related procedure and other offences affecting judicial administration.

Current Law After 1 July 2024

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC framework from 1 July 2024, subject to its repeal and savings provisions. The corresponding provisions are Section 382 BNSS for the procedure of a Magistrate taking cognizance and Section 383 BNSS for summary procedure for trial for giving false evidence. The basic structure is substantially carried forward, although section references have changed and the maximum fine stated in Section 383 BNSS is Rs. 1,000.

This page is intended as a legal information article on the pre-BNSS CrPC provisions. The applicable procedural law should be checked with reference to the date and stage of the particular proceeding.