Section 343 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Tender Of Pardon To Accomplice.

Code: Section 343 BNSS

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.

Explanation of Section 343 BNSS

Section 343 of the Bharatiya Nyaya Sanhita (BNSS), 2023, provides a legal mechanism for granting pardon to a person involved in a criminal offence in exchange for truthful testimony. This provision is crucial in cases where direct evidence is difficult to obtain, allowing law enforcement to use accomplices as witnesses.

Key Provisions of Section 343 BNSS

1. Authority to Grant Pardon
   • The Chief Judicial Magistrate and a Magistrate of the First Class have the power to offer a pardon.
   • It can be granted at any stage of investigation, inquiry, or trial.
2. Conditions for Granting Pardon
   • The person must make a full and true disclosure about:
     • The circumstances of the offence.
     • Other persons involved (principal offenders or abettors).
3. Types of Cases Where Pardon Applies
   • Offences triable only by the Court of Session or a Special Judge.
   • Offences punishable by 7+ years of imprisonment.
4. Recording the Decision
   • The Magistrate must record:
     • The reason for granting the pardon.
     • Whether the person accepted or rejected the pardon.
5. Obligations of the Pardoned Accomplice
   • The pardoned individual must testify as a witness.
   • They remain in custody until the trial is completed, unless already on bail.
6. Trial Procedure After Pardon
   • The Magistrate commits the case to:
     • The Court of Session (if required).
     • A Special Judge (if applicable).
     • The Chief Judicial Magistrate, in other cases.

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Illustrations of Section 343 BNSS

Example 1: Pardon in a Murder Case

A criminal gang member is arrested in connection with a murder. He agrees to testify against the gang leader in exchange for a pardon. The Chief Judicial Magistrate grants the pardon, records his statement, and commits the case for trial before the Sessions Court.

Example 2: Economic Fraud Case

In a corporate fraud case, a company’s accountant is offered a pardon to reveal details about the fraud scheme and testify against the CEO. Since the offence is punishable by more than seven years, the Magistrate records his confession and commits the case to a Special Judge.

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Common Questions and Answers on Section 343 BNSS

1. What is the purpose of granting a pardon under Section 343?

• To obtain crucial evidence from an accomplice who might otherwise remain silent.
• To ensure the conviction of the main offenders.

2. Who has the authority to grant a pardon?

• The Chief Judicial Magistrate and a Magistrate of the First Class.

3. What types of offences qualify for a pardon?

• Serious offences, such as:
  • Murder, Rape, Terrorism (Court of Session trials).
  • Financial fraud, Corruption, Drug trafficking (Special Judge trials).
  • Any crime punishable with 7+ years of imprisonment.

4. Is the testimony of a pardoned accomplice legally valid?

• Yes, but their credibility can be challenged in court.

5. Can a person refuse the pardon after accepting it?

• No. Once accepted, they must testify and cannot withdraw.

6. What happens if the accomplice lies after accepting the pardon?

• If they do not provide a true disclosure, the pardon can be revoked, and they may face prosecution.

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Conclusion

Section 343 BNSS plays a crucial role in criminal investigations, especially in cases where direct evidence is lacking. By allowing accomplices to turn state witnesses, it strengthens the justice system, ensuring that the main offenders are convicted.

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