Section 343 BNSS : Tender of pardon to accomplice .

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Introduction to Section 343 BNSS

BNSS Section 343 deals with the tender of pardon to accomplices in criminal cases. It allows the court to offer a legal pardon to a person who was involved in the offence if they agree to give full and truthful disclosure. This is an important tool used by the judiciary to gather evidence, especially in serious and complex criminal cases. It helps in uncovering the entire crime chain and ensures that the main offenders are brought to justice.

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What is BNSS Section 343 ?

BNSS Section 343 allows the court to offer a pardon to a person involved in a serious crime if they truthfully reveal all facts about the offence and other involved persons. This is mainly done to help gather strong evidence during investigation or trial. The pardon is offered on the condition of full and honest disclosure. It is useful in breaking criminal conspiracies and bringing main offenders to justice.

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BNSS Section of 343 in Simple Points

1. Who Can Offer Pardon and When

BNSS Section 343 empowers the Chief Judicial Magistrate and Magistrate of the First Class to grant a pardon to an accomplice at any stage—during investigation, inquiry, or trial. This ensures that the judiciary can get important insider information to solve complex cases. The magistrate must believe that the person’s statement can help uncover the full truth. This section applies especially in serious or organised crimes, where insider testimony is crucial.

2. Conditions for Granting Pardon

The pardon is granted only if the accomplice agrees to make a full and true disclosure about the offence. This includes disclosing all facts they know and identifying everyone involved, including the main offenders and abettors. The pardon is conditional, and if the accomplice lies or hides facts, legal protection can be withdrawn. This ensures that the process is not misused and that the truth is genuinely served in court.

3. Applicable Offences Under BNSS 343

BNSS 343 applies to two categories of offences:
(a) Offences triable only by the Court of Session or a Special Judge, and
(b) Offences punishable with 7 years or more imprisonment.
This section is reserved for serious crimes like terrorism, dacoity, corruption, and organised financial frauds. It prevents its misuse in small or petty offences and ensures it’s used only when crucial for justice.

4. Legal Duties After Accepting the Pardon

Once a person accepts the pardon, they must appear as a witness in court. They are examined both by the Magistrate and at the trial stage. If they are not already out on bail, they must remain in custody until the end of the trial. This ensures their safety and availability. Their testimony becomes key evidence in the case and is used to convict the other accused persons involved in the crime.

5. Further Trial Process After Pardon

After the person is examined, the Magistrate forwards the case directly to the appropriate trial court without any more inquiry. If the offence is triable by the Court of Session, the case is committed there. If the trial involves a Special Judge, it is sent to that court. In other cases, it is handed over to the Chief Judicial Magistrate. This step ensures speedy trial and efficient handling of serious criminal cases.

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343 BNSS Overview

BNSS 343 is part of the Bharatiya Nagarik Suraksha Sanhita, 2023, and it enables courts to obtain testimony from those who may have been directly or indirectly involved in an offence. In return for their cooperation and truthful testimony, such accomplices are offered pardon. The law applies to serious offences such as those triable by Sessions Court or punishable with seven years or more. This section ensures transparency, procedural fairness, and legal accountability when using an accomplice as a witness.

BNSS Section 343 – Tender of Pardon to Accomplice

1. Objective of Granting Pardon to Accomplice

BNSS Section 343 allows the court to offer a pardon to a person involved in a crime, whether directly or indirectly. The main aim is to encourage the accomplice to disclose complete and truthful information about the crime. In return for cooperation, the person is given legal protection from punishment. This is particularly helpful when evidence is limited, and the person’s testimony is crucial to convict the main offenders. It helps in breaking criminal conspiracies and exposing deeper involvement.

2. Who Can Grant the Pardon and When

Under this section, Chief Judicial Magistrates or First Class Magistrates have the authority to offer a pardon. They can do this at any stage of the case—during investigation, inquiry, or trial. This flexibility allows the system to gather important evidence at critical stages. The decision to grant pardon must be based on the potential value of the person’s testimony. This power must be used carefully to ensure justice is served effectively.

3. Conditions for Tendering the Pardon

A person is granted pardon on the condition that they make a “full and true disclosure” about the offence. This includes not only their role but also the involvement of other accused persons. The information must cover all relevant facts related to the crime. If the disclosure is incomplete or false, the person could lose the protection of the pardon. The promise of legal safety only holds if the person fully cooperates with honesty.

4. Types of Offences Covered Under BNSS 343

This section only applies to serious offences. These include:
(a) Offences triable only by the Court of Session or Special Judge, and
(b) Offences punishable with seven years imprisonment or more.
This ensures that pardon is used only in grave and complex cases, where accomplice testimony can greatly help. It prevents the misuse of pardon in petty or non-serious criminal matters.

5. Requirement to Record Reasons for Pardon

Whenever a magistrate grants a pardon, they must record their reasons in writing. The record must also mention whether the person accepted the pardon or not. This record adds transparency and accountability to the process. If the accused demands it, a copy of the record must be provided free of cost. This helps maintain fairness and gives legal clarity to all parties involved in the case.

6. Examination of the Person Accepting Pardon

Once a person accepts the pardon, they must be examined as a witness in court. This includes both the initial court taking cognizance and the final trial court. Their testimony becomes a key part of the prosecution’s case. This ensures that the pardon is not given for free but in exchange for crucial cooperation. If the person is not on bail, they may be kept in custody until the trial ends.

7. Custody of the Person Who Accepts Pardon

A person who has accepted a pardon but is not on bail can be detained until the trial concludes. This prevents them from tampering with evidence or threatening other witnesses. It also ensures they are available to testify whenever required. The law ensures their presence in court while still offering legal protection for their cooperation. It strikes a balance between reward and accountability.

8. Commitment of Case After Pardon

Once the person is examined, the magistrate must commit the case for trial. If the case is to be tried by the Court of Session or a Special Judge, it is forwarded accordingly. In other cases, it goes to the Chief Judicial Magistrate for trial. This automatic commitment helps in moving the case forward without delay. It ensures that serious offences are handled by the correct court without unnecessary procedural steps.

9. Role of Special Judges and Courts of Session

When the offence falls under the exclusive jurisdiction of the Court of Session or a Special Judge (under other laws like anti-corruption laws), the case must be committed to that specific court. This provision ensures that serious matters are dealt with by specialised or higher courts that have the authority and experience to handle complex criminal trials.

10. Importance of BNSS 343 in Criminal Justice

BNSS Section 343 plays a crucial role in exposing organised crime and conspiracies. By offering legal protection to accomplices, it helps break silence and uncover the full picture of the crime. However, it comes with strict conditions, ensuring that only honest cooperation is rewarded. This tool supports justice, helps build strong cases against primary offenders, and strengthens the rule of law in India’s criminal justice system.

Example 1:

In a case of dacoity, one of the five accused agrees to turn approver and provides complete information about the plan, weapons used, and who led the gang. The magistrate offers him pardon under BNSS 343. His testimony helps convict the remaining accused.

Example 2:

In a corruption case involving government officers, a clerk accepts a pardon in return for telling the court how the bribe was collected and distributed. His statement under BNSS Section 343 becomes key evidence in convicting senior officers.

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BNSS Section 343 Short Information

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Why is BNSS Section 343 Needed?

BNSS Section 343 is needed because complex crimes often involve multiple people, and it can be difficult to gather enough evidence. By offering legal pardon to one person who was involved, the court can expose the whole network of crime. This is very useful in terrorism, corruption, drug trafficking, and other organised offences. It helps law enforcement gather real-time facts and testimonies from inside the crime circle. Without such a provision, many high-level offenders may escape due to lack of evidence. This section strengthens the Indian criminal justice system by rewarding honesty and punishing real culprits.

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BNSS Section 343 FAQs

BNSS 343

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Conclusion

BNSS Section 343 empowers courts to offer conditional pardon to accomplices in serious cases to uncover the complete truth. Only those who fully disclose facts get protection, and their testimony becomes vital evidence. After examination, the case is forwarded directly to the proper trial court, ensuring speedy and effective prosecution of grave offences.

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Finished with BNSS Section 343 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.

• Section 344 BNSS : Power to Tender Pardon During Trial .
• Section 345 BNSS : Trial of Pardoned Person for Violating Conditions .
• Section 346 BNSS : Rules on Postponing and Adjourning Trials .
• Section 347 BNSS : Local inspection .

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