Code: Section 343 BNSS
343. (1)
To obtain the evidence of any person directly or indirectly involved in or aware of an offence:
- The Chief Judicial Magistrate (CJM) may grant a pardon at any stage of investigation, inquiry, or trial.
- A Magistrate of the First Class conducting an inquiry or trial may also tender a pardon on the condition that the person makes a full and true disclosure of all circumstances related to the offence and other persons involved.
(2) This section applies to:
- (a) Offences triable exclusively by a Court of Session or a Special Judge.
- (b) Offences punishable with imprisonment of seven years or more.
(3) When granting a pardon, the Magistrate must record:
- (a) The reasons for granting the pardon.
- (b) Whether the accused has accepted or rejected the pardon.
- A free copy of the record must be provided to the accused upon request.
(4) Conditions for the person accepting a pardon:
- (a) They must be examined as a witness in both the Magistrate’s court and the subsequent trial.
- (b) If not already on bail, they must be detained in custody until the trial concludes.
(5) Trial procedure after acceptance of pardon:
- If a person accepts a pardon and is examined, the Magistrate must commit the case for trial as follows:
- (a) To the Court of Session, if it is exclusively triable by that court or if the CJM took cognizance.
- (b) To a Special Judge, if the offence falls under special laws.
- (c) To the Chief Judicial Magistrate, if the case does not fall under (a) or (b).
Explanation of Section 343 BNSS
Purpose of This Section
Section 343 BNSS allows Magistrates to offer pardons to accused individuals in exchange for their cooperation as witnesses. The goal is:
- To strengthen the prosecution’s case by obtaining insider testimony.
- To break criminal networks by encouraging accused persons to testify.
- To facilitate a fair trial by uncovering the full extent of an offence.
This section applies primarily to serious offences (punishable by seven years or more) or cases requiring a Court of Session/Special Judge.
Key Provisions of Section 343 BNSS
1. Who Can Grant a Pardon?
- Chief Judicial Magistrate (CJM): At any stage (investigation, inquiry, or trial).
- Magistrate of First Class: Only during inquiry or trial.
2. Conditions for Granting a Pardon
- The person must make a full and truthful disclosure about:
- The offence.
- Other individuals involved (as principal or abettor).
3. Safeguards and Records
- The Magistrate must record reasons for granting a pardon.
- If the accused accepts, they must testify.
- If the accused refuses, they remain accused.
4. Custody of the Person Accepting Pardon
- If not already on bail, the accused remains in custody until the case ends.
5. Committing the Case for Trial
- The Magistrate does not conduct further inquiry but commits the case:
- To the Court of Session, if the offence is exclusively triable by it.
- To a Special Judge, if required under special law.
- To the Chief Judicial Magistrate, for all other cases.
Illustrations & Case Examples
Example 1: Pardon in a Murder Conspiracy Case
- A person is arrested in a murder case.
- He wasn’t the main killer but knew about the plan.
- The CJM grants a pardon in exchange for his testimony against the mastermind.
Example 2: Pardon in a Corruption Case
- A government official is involved in a major bribery case.
- The court offers him pardon under Section 343 to expose the higher-level officials involved.
- His testimony helps convict the main culprits.
Common Questions on Section 343 BNSS
1. How is Section 343 different from Section 344 BNSS?
- Section 343: Pardon is granted at any stage of investigation, inquiry, or trial.
- Section 344 BNSS: Pardon is granted after commitment but before judgment.
2. Can the person accepting a pardon refuse to testify later?
No. If they refuse, they can be prosecuted under Section 345 BNSS for breaking the terms of the pardon.
3. What happens if the accused gives false testimony after accepting a pardon?
- They lose the pardon.
- They may be charged with perjury and the original offence.
4. Can a Magistrate grant a pardon in a petty offence?
No. Pardon can only be granted for:
- Serious offences (7+ years imprisonment).
- Cases triable by the Court of Session/Special Judge.
5. Can the prosecution challenge a Magistrate’s decision to grant a pardon?
Yes. The prosecution can challenge it in a higher court if they believe the pardon is unjustified.
Conclusion
Section 343 BNSS plays a crucial role in criminal investigations by allowing Magistrates to pardon suspects in exchange for valuable testimony. This provision:
- Strengthens the prosecution’s case against powerful criminals.
- Encourages insiders to turn witnesses, helping in fair trials.
- Ensures justice by uncovering the full conspiracy behind crimes.
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