Code: Section 345 BNSS
345.
(1) If a person who has accepted a tender of pardon under Section 343 or Section 344 fails to comply with its conditions, the Public Prosecutor may certify that the person:
- Wilfully concealed essential information, or
- Gave false evidence.
If such certification is given, the person may be tried for:
- The original offence for which the pardon was granted, or
- Any other related offence, and
- The offence of giving false evidence.
Provided that:
- The person shall not be tried jointly with other accused.
- The offence of giving false evidence requires High Court sanction.
- Sections 215 and 379 shall not apply.
(2) Any statement recorded by a Magistrate under Section 183 or by a Court under Section 343(4) may be used as evidence against the person in the trial.
(3) The accused may plead that he has complied with the conditions of the pardon. If so, the burden is on the prosecution to prove that the conditions were violated.
(4) Before proceeding with the trial, the Court shall:
- In a Court of Session → Ask the accused before the charge is read out.
- In a Magistrate’s Court → Ask before prosecution witnesses testify.
(5) If the accused pleads compliance, the Court shall:
- Record the plea and continue the trial.
- Before passing judgment, determine whether the conditions of the pardon were met.
- If the Court finds compliance, it must acquit the accused, regardless of other provisions in this Sanhita.
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
- 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.
- If the Public Prosecutor certifies that the person:
- Use of Past Statements
- If the person previously confessed or provided statements, those statements can be used against him in the trial.
- Burden of Proof
- The accused can claim that they complied with the pardon conditions.
- The prosecution must prove otherwise.
- 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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