Code: Section 344 BNSS
Power to direct tender of pardon.—At any time after commitment of a case but before judgment
is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence
of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence,
tender a pardon on the same condition to such person.
Explanation of Section 344 BNSS
Section 344 BNSS empowers the trial court to grant a pardon even after commitment but before judgment. This helps in:
- Encouraging insiders to testify against major criminals.
- Strengthening prosecution cases by obtaining key witness statements.
- Allowing flexibility to courts in high-stakes trials.
Unlike Section 343, which allows a Magistrate to grant a pardon before commitment, Section 344 extends this power to the trial court after commitment.
Key Provisions of Section 344 BNSS
1. When Can a Court Grant Pardon?
- After commitment but before judgment.
- The person must be connected to the offence (directly or indirectly).
2. Why Is Pardon Granted?
- To obtain crucial testimony that aids justice.
- To encourage accomplices to cooperate.
3. Conditions for Pardon
- The conditions are same as under Section 343.
- The pardoned person must testify truthfully.
- If the person fails to comply, they can be tried under Section 345.
Illustrations & Case Scenarios
Example 1: Terrorist Informant’s Pardon
- A terrorist is arrested for a bombing conspiracy.
- During trial, the Court offers a co-accused a pardon in exchange for information about the mastermind.
- The co-accused testifies, leading to the conviction of the main conspirator.
Example 2: Corruption Case
- A government official is on trial for bribery.
- The Court grants a pardon to a junior officer involved in the scam, in exchange for key evidence.
Common Questions on Section 344 BNSS
1. How is Section 344 different from Section 343?
- Section 343 → Pardon before commitment (by Magistrate).
- Section 344 → Pardon after commitment but before judgment (by trial court).
2. Can a person refuse to testify after accepting a pardon?
No. If they refuse, they can be tried for the original offence under Section 345.
3. Who has the power to grant a pardon under Section 344?
The trial court where the case is committed.
4. What happens if the pardoned person lies in court?
They can be prosecuted for perjury and the original offence.
5. Can a person be pardoned after judgment?
No. Pardon must be granted before judgment is passed.
Conclusion
Section 344 BNSS plays a crucial role in strengthening criminal trials by enabling courts to turn accused persons into witnesses. This ensures:
✅ Stronger prosecution cases.
✅ Effective dismantling of criminal networks.
✅ Fair use of legal discretion to serve justice.
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