Bharatiya Nagarik Suraksha Sanhita, 2023
Section 343 BNSS: Tender of Pardon to Accomplice
Section 343 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the tender of pardon to an accomplice. Its purpose is to enable the court to obtain evidence from a person who is believed to have been directly or indirectly concerned in, or privy to, the offence, on the condition that the person makes a full and true disclosure of the relevant circumstances and of the involvement of other persons concerned in the offence.
Meaning and object of Section 343 BNSS
A pardon under Section 343 is not an unconditional release from criminal liability. It is a statutory mechanism for obtaining truthful evidence from a participant in the offence. The person who accepts the pardon is commonly described in criminal practice as an approver. The protection depends on compliance with the condition of making a full and true disclosure.
Section 343 broadly corresponds to Section 306 of the Code of Criminal Procedure, 1973. Under the BNSS, related provisions are found in Section 344 - Power to direct tender of pardon and Section 345 - Trial of person not complying with conditions of pardon.
Section 343 BNSS - statutory provision
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.
Who can tender pardon under Section 343?
The provision authorises:
- the Chief Judicial Magistrate, at any stage of investigation, inquiry or trial; and
- a Magistrate of the first class who is inquiring into or trying the offence, at any stage of the inquiry or trial.
Condition for grant of pardon
The central condition is that the person must make a full and true disclosure of the entire circumstances within his knowledge relating to the offence and to every other person concerned in its commission, whether as principal or abettor. The pardon is therefore conditional, and failure to comply may attract the consequences provided in Section 345 BNSS.
Offences to which Section 343 applies
| Category | Scope under Section 343(2) |
|---|---|
| Sessions or Special Judge cases | Offences triable exclusively by a Court of Session or by a Court of Special Judge appointed under any other law for the time being in force. |
| Serious offences by punishment | Offences punishable with imprisonment which may extend to seven years or with a more severe sentence. |
Mandatory record by the Magistrate
When a pardon is tendered, the Magistrate must record the reasons for doing so and whether the person accepted the tender. On an application by the accused, a copy of that record must be furnished free of cost. This written record promotes transparency and enables the accused to know the basis and status of the tender.
What happens after the pardon is accepted?
- The person accepting the pardon must be examined as a witness before the Magistrate taking cognizance and again in the subsequent trial, if any.
- Unless already on bail, the person is to remain in custody until the trial ends.
- After examination under Section 343(4), the Magistrate taking cognizance proceeds in the manner specified in Section 343(5), including commitment to the Court of Session or Special Judge where applicable.
Relationship with Sections 344 and 345 BNSS
Section 344: deals with the power of the court, after commitment of a case but before judgment, to direct a tender of pardon on the statutory condition.
Section 345: deals with the trial of a person who accepted pardon but is alleged not to have complied with its conditions, including wilful concealment of essential facts or giving false evidence.
Section 343 BNSS and old Section 306 CrPC
Section 343 BNSS replaces the subject previously governed by Section 306 CrPC for proceedings governed by the BNSS. The two provisions are substantially similar in structure, but the applicable law must be checked in light of the commencement and savings provision in Section 531 BNSS.
Official legal resources
For the authoritative text and current statutory material, refer to the official Government of India resources:
This page is intended for legal information and statutory reference. Application of the provision depends on the facts, stage of proceedings and the applicable savings clause.