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CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 345: Trial of person not complying with conditions of pardon

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused:

Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence.

(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial.

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with.

(4) At such trial, the Court shall—

(a) if it is a Court of Session, before the charge is read out and explained to the accused;

(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken,

ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made.

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal.

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

Questions on this section

1 question in 6 of our papers cite Section 345. Try these from the free papers:

  1. 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?

Practise questions on Bharatiya Nagarik Suraksha Sanhita