Section 345 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Trial Of Person Not Complying With Conditions Of Pardon.

Code: Section 345 BNSS

345. Trial of person not complying with conditions of pardon.                                                                       (1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:
Provided that such person shall not be tried jointly with any of the other accused:
Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to  that offence.
(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial.
(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with.
(4) At such trial, the Court shall—
(a) if it is a Court of Session, before the charge is read out and explained to the accused;
(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is
taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made
(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal.

Explanation of Section 345 BNSS

Section 345 BNSS deals with situations where a person who has accepted a pardon later fails to cooperate with authorities. The law ensures that:

• False testimony or non-disclosure does not go unpunished.
• A person violating the pardon conditions can be tried for both the original crime and perjury.
• The prosecution bears the burden of proving non-compliance.

Key Provisions of Section 345 BNSS

1. When Can a Pardoned Person Be Tried?
   • If the Public Prosecutor certifies that the person:
     • Hid essential information.
     • Gave false evidence.
   • The person may be tried for:
     • The original offence.
     • Any other connected crime.
     • False evidence (perjury), with High Court sanction.
2. Use of Past Statements
   • If the person previously confessed or provided statements, those statements can be used against him in the trial.
3. Burden of Proof
   • The accused can claim that they complied with the pardon conditions.
   • The prosecution must prove otherwise.
4. Trial Process
   • Before the trial begins, the Court must ask the accused whether they plead compliance.
   • The Court must determine compliance before delivering judgment.
   • If the Court finds compliance, it must acquit the accused.

Illustrations & Case Scenarios

Example 1: Pardon and False Testimony in a Corruption Case

• A government officer accepts a pardon in a corruption case and agrees to testify against his co-accused.
• Later, he intentionally omits key facts and contradicts his earlier statements.
• The Public Prosecutor certifies that he violated the pardon conditions.
• The officer can now be tried for the original corruption offence and perjury.

Example 2: Compliance with Pardon Terms

• A gang member accepts a pardon in exchange for revealing details of a criminal syndicate.
• During trial, the prosecution alleges he withheld information.
• The accused argues he provided all required details.
• The Court verifies compliance before conviction, ensuring fairness.

Common Questions on Section 345 BNSS

1. Can a pardoned person still be punished?

Yes, if they fail to comply with the conditions of the pardon.

2. What happens if a pardoned person tells lies in court?

They may be tried for perjury, but only with High Court approval.

3. Can a person be tried for the original crime after accepting a pardon?

Yes, if they violate the conditions of the pardon.

4. Who must prove that the pardon conditions were broken?

The prosecution must prove that the accused did not comply.

5. What happens if the accused proves compliance?

The Court must acquit them, even if the case is ongoing.

Conclusion

Section 345 BNSS ensures that individuals who accept a pardon cannot later act dishonestly. It balances judicial efficiency and fairness, ensuring that:

• Justice is served if a person lies after receiving a pardon.
• A fair trial is conducted before revoking a pardon.
• No innocent person is punished unfairly.

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