Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 343
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), 2020
Explanation:
Section 343 of the BNSS deals with the power of a Magistrate to grant a pardon to an accused person in exchange for their testimony against other individuals involved in the crime. This provision is designed to encourage cooperation and disclosure of information that may be crucial for the successful prosecution of serious offenses.
Key Features:
- Applicability: The section applies to offenses triable exclusively by the Court of Session or by a Special Judge, and offenses punishable with imprisonment for at least 7 years or more severe punishment.
- Conditions: To receive a pardon, the individual must make a full and true disclosure of all relevant information about the crime and those involved.
- Procedure: The Chief Judicial Magistrate or a first-class Magistrate may tender a pardon during the investigation, inquiry, or trial of the offense.
- Record Keeping: The Magistrate must record their reasons for offering the pardon and whether it was accepted or rejected.
- Witness Testimony: The pardoned individual must testify as a witness in the trial of the case.
- Custody: Unless already on bail, the pardoned individual will be detained in custody until the conclusion of the trial.
- Commitment for Trial: Once the pardoned individual has been examined, the case is committed for trial to the appropriate court.
Illustration:
Imagine a case involving a robbery. The police are investigating, and they have evidence that points towards a specific group of individuals. One of the suspects, “A,” is apprehended. The Magistrate, recognizing the importance of obtaining a full confession from “A,” tenders a pardon in exchange for “A” providing detailed information about the robbery, including the roles of the other suspects and the whereabouts of stolen goods. “A” accepts the pardon, providing detailed information about the crime and the other suspects. The Magistrate then commits the case for trial, and “A” testifies as a witness against the other suspects.
Common Questions and Answers:
- Q: Can anyone receive a pardon under Section 343?
A: No. Only individuals suspected of being directly or indirectly involved in offenses listed under the section are eligible.
- Q: What happens if the pardoned person refuses to testify?
A: The pardon may be revoked, and the individual may face charges for the original offense.
- Q: Is the pardon automatic?
A: No. It is up to the Magistrate’s discretion, and the individual must meet the conditions of the pardon.
- Q: Can a pardoned person be convicted of the original crime?
A: Yes, but the evidence they provide can be used against them during the trial.
