Section 343 BNSS: Tender of pardon to accomplice

Section 343: Tender of pardon to accomplice

(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

(2) This section applies to—

(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force;

(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—

(a) his reasons for so doing;

(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost.

(4) Every person accepting a tender of pardon made under sub-section (1)—

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case—

(a) commit it for trial—

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate;

(ii) to a Court of Special Judge appointed under any other law for the time being in force, if the offence is triable exclusively by that Court;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

343	306. Tender of pardon to accomplice.

Questions on this section

3 questions in 14 of our papers cite Section 343. Try these from the free papers:

1. The Public Prosecutor certifies that X, who accepted a tender of pardon under Section 343 of the BNSS, has given false evidence and so has not complied with the condition of the pardon. Consider the following statements: 1. X may be tried for the offence in respect of which the pardon was tendered. 2. X may be tried jointly with the other accused in the same case. 3. X shall not be tried for the offence of giving false evidence except with the sanction of the High Court. Which of the statements given above is/are correct?
2. Consider the following statements regarding tender of pardon under Section 343 of the BNSS: 1. The Chief Judicial Magistrate may tender a pardon at any stage of the investigation or inquiry into, or the trial of, the offence. 2. A Magistrate of the first class inquiring into or trying the offence may tender a pardon at any stage of the investigation. 3. A person who accepts the tender shall, unless he is already on bail, be detained in custody until the termination of the trial. Which of the statements given above is/are correct?