Legal Provisions of Section 344 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Summary procedure for trial for giving false evidence:
This section gives power to the Court to punish a witness who gives false evidence and commits an offence of perjury during proceedings of the Court.
ADVERTISEMENTS:
The section contemplates three steps, namely:—
(1) Recording in a finding at the time of delivery of the judgment or final order disposing of the judicial proceeding in the course of which the witness had given false evidence or fabricated false evidence;
(2) Issue of notice to the witness and giving him a reasonable opportunity to show cause as to why he should not be punished for the offence of perjury; and
(3) Trial of such witness summarily by the Court itself or making of a complaint against him under Section 340 of the Code.
Image Source : luna.edu
ADVERTISEMENTS:
The section, however, does not authorise the Court to exercise the power under this section at any time during the proceedings. The Court may exercise the power only at the time of delivery of judgment or final order, for it is only then it will be in a position to assess the effect of false or fabricated evidence given by the witness on the proceeding. The procedure to be followed for proceedings against the witness under this section is that of a summary trial.
Where the Court does not choose to proceed against the accused itself, it may make a complaint under Section 340 for the offence of perjury. But before sanctioning prosecution for perjury, the Court must satisfy itself that there is prima facie case of deliberate and conscious falsehood on a matter of substance and that there is a reasonable basis for the charge. Before filing a complaint against a witness for perjury, giving him reasonable opportunity to show cause against that complaint is not mandatory insofar as trial Court is concerned.
The Bombay High Court has held that two options are open to the trial Court for taking action against the perjurer. Either the Court itself may choose to take action against the perjurer summarily or in the alternative, it may hold any inquiry under Section 340 (1) and decide whether a complaint against the perjurer should be filed.
ADVERTISEMENTS:
According to sub-section (4), further proceedings of any summary trial initiated against the perjurer under this section shall be stayed and any sentence imposed on him shall not be executed until the disposal of an appeal or revision against the judgment or order in the main proceedings in which the witness gave false evidence. It is so for the reason that the witness does not have to suffer the punishment unnecessarily in the event the appeal or revision is disposed of in his favour.
The section is applicable in case of a person who had appeared before the Court as a witness and for this purpose, a person who filed a false affidavit in a Court cannot be considered as having appeared in Court as a witness.
The order of conviction and sentence passed under Section 344 has been made appealable under Section 351 of the Code so as to protect and guard the accused against arbitrary action of the Court.
In Mahila Vinod Kumari v. State of Madhya Pradesh, the prosecutrix had filed FIR that accused persons waylaid her and raped her one after another. The accused persons were thereupon put on trial. But during the trial proceedings the prosecutrix denied rape having been committed on her by the accused and even the fact that she had lodged the FIR.
Under the circumstances initiation of prosecution against her for fabricating evidence was proper. Since she had admitted her guilt, imposition of three months’ simple imprisonment was proper in her case.
The provisions of sub-section (1) of this section with regard to the recording a finding and giving of an opportunity of being heard to the witness concerned being mandatory, are to be complied with strictly. Where there is no material compliance of these provisions, the action taken by the Court may be set aside if the accused is prejudiced thereby. Any order made in breach of sub-section (1) cannot sustain and is liable to be set aside.