The Magistrate at the time of delivery of judgement returns a finding that witness ‘X’ had knowingly given false evidence intending that such evidence should be used in such proceedings as evidence, and the Magistrate is satisfied that it is necessary and expedient in the interest of justice that ‘X’ should be tried for doing so, in such a case:

Option A: The Magistrate may convict the person without affording him any further opportunity

Option B: The Magistrate may take cognizance of the offence and after giving a reasonable opportunity of showing cause, convict him or may make a complaint under section 340 Cr.P.C. for the offence

Option C: The Magistrate may direct registration of an FIR

Option D: All of the above

Correct Answer

Option: b

Explanation

Summary procedure for trial for giving false evidence.—(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 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.

Sample Mock Tests for Practice

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 13 Q. NO. 481 TO 520)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 03 Q. NO. 81 TO 120)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 15 Q. NO. 561 TO 600)

MAHARASHTRA LOWER JUDICIAL SERVICES 2019

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 05 Q. NO. 161 TO 200)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 10 Q. NO. 361 TO 400)

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 02 Q. NO. 26 TO 50)

THE LAW OF TORTS (PAPER 01 Q. NO. 1 TO 45)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 19 Q. NO. 721 TO 760)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

UTTARAKHAND LOWER JUDICIAL SERVICES 2002

GUJRAT LOWER JUDICIAL SERVICES 2022

THE CONSTITUTION OF INDIA, 1949 (PAPER – 18 Q. NO. 596 TO 623)

CLAT 2015

THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

MADHYA PARDESH LOWER JUDICIAL SERVICES 1998

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 02 Q.NO. 41 TO 80)

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 05 Q. NO. 141 TO 175)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

THE LIMITATION ACT, 1963 (PAPER 04 Q. NO. 121 TO 160)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 19 Q. NO. 721 TO 760)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 13 Q. NO. 481 TO 520)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2019