Section 479B in The Code of Criminal Procedure, 1989 (1933 A. D.)
479B. [ Summary procedure for trial of witnesses deposing contrary to statements recorded under section 164-A by Magistrate. [Inserted by Act IX of 2007, Section 9.]
- If, at the time of any judgement or final order disposing of any judicial proceeding, a court of Sessions or Magistrate of the first class expresses an opinion to the effect that, any witness, whose statement recorded under, sub-section (2) of section 164-A in respect of one offence or in respect of a different offence as referred to in sub-section (2) of section 221, appearing in such proceeding and subsequently retracted his statement in material particulars by stating inconsistent facts or had changed his version by narrating new facts which were destructive of the prosecution case and the court of Sessions or a Magistrate of first class is satisfied that such retraction, contradiction or change of version is of such a nature that the witness is guilty of knowingly or willfully giving false evidence or fabricating 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 notwithstanding anything contained in the provisions of this Code, sentence him to imprisonment for a term which shall not be less than three months but which may extend to two years and shall also be liable to fine :Provided that the provisions of this section shall apply only where the giving or fabrication of false evidence relates to the conduct of the witness subsequent to the recording of his statement under sub-section (2) of section 164-A.(2)The provisions of sub-sections (2), (3) and (4) of section 479-A shall apply for trial of an offence under this section as they apply to the summary trial of an offence referred to in sub-section (1) of that section.]
