Judicial proceeding
Under Section 2(1)(m) of the BNSS, any proceeding in the course of which evidence is or may be legally taken on oath.
Explained
Section 2(1)(m) of the BNSS provides that a judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath. The definition is inclusive, and its key feature is the legal power to take evidence on oath, not the label of the forum. Earlier the same definition appeared in Section 2(i) of the CrPC.
The term matters most in the offences against public justice in the BNS. Section 229(1) of the BNS punishes intentionally giving false evidence in any stage of a judicial proceeding, or fabricating false evidence for use in any stage of one, with imprisonment up to seven years and fine up to ten thousand rupees, while false evidence in other cases under Section 229(2) carries up to three years. The Explanations to Section 229 widen the idea: a trial before a Court-martial is a judicial proceeding; an investigation directed by law preliminary to a proceeding before a Court is a stage of a judicial proceeding even if not held before a Court; and an investigation directed by a Court and conducted under its authority is also such a stage. Section 267 punishes intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding.
In the law of evidence, Section 27 of the BSA makes evidence given by a witness in a judicial proceeding relevant in a subsequent judicial proceeding, or a later stage of the same one, when the witness is dead, cannot be found, is incapable of giving evidence, is kept away by the adverse party, or cannot be produced without unreasonable delay or expense. The proviso requires the same parties or their representatives, a right and opportunity to cross-examine in the first proceeding, and substantially the same questions in issue.
Examiners usually ask aspirants to distinguish a judicial proceeding from an inquiry under Section 2(1)(k) and an investigation under Section 2(1)(l), and to apply the Explanations to Section 229 BNS.
What the law says
(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;
Clause (1)(m) defines judicial proceeding
Earlier law: CRPC 2. Definitions.
(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
False evidence in a judicial proceeding; Explanations widen the term
Earlier law: IPC 193. Punishment for false evidence.
Whoever, intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Insult or interruption to public servant sitting in judicial proceeding
Earlier law: IPC 228. Intentional insult or interruption to public servant sitting in judicial proceeding.
Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable:
Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in issue were substantially the same in the first as in the second proceeding.
Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.
Evidence in one judicial proceeding relevant in a later one
Earlier law: IEA 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.
Earlier law: Section 2, CrPC
Example
Illustration to Section 229 of the BNS: A, in an enquiry before a Magistrate to ascertain whether Z ought to be committed for trial, makes on oath a statement he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
For the exam
- Section 2(1)(m) BNSS: proceeding in which evidence is or may be legally taken on oath; earlier Section 2(i) CrPC.
- False evidence in a judicial proceeding: up to 7 years under Section 229(1) BNS; other cases up to 3 years.
- A Court-martial trial is a judicial proceeding (Explanation 1 to Section 229 BNS).
- Investigation directed by law preliminary to a court proceeding is a stage of a judicial proceeding.
- Section 27 BSA: earlier deposition relevant if same parties, right to cross-examine, same issues.
111 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- InquiryUnder Section 2(1)(k) of the BNSS, every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court.
- InvestigationAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
- EvidenceUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- CourtUnder the BNS, a Judge or body of Judges empowered to act judicially, when so acting (Section 2(5)); under the BSA, all Judges, Magistrates and persons, except arbitrators, legally authorised to take evidence (Section 2(1)(a)).
- ChargeThe formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.