Section 343 BNSS: Tender of pardon to accomplice (Formerly Section 306 CrPC)

Section 343 of Bharatiya Nagarik Suraksha Sanhita, 2023: Tender of pardon to accomplice

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 343

Section 343 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 306 of the CrPC, 1973) empowers the Chief Judicial Magistrate, Metropolitan Magistrate, or Magistrate of the first class to tender a pardon to an accomplice to obtain evidence against principal offenders.

Objective of Pardon: Tendered with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence.
Condition of Full and True Disclosure: Subject to the condition of making a full and true disclosure of the whole circumstances within the approver's knowledge relative to the offence.
Applicability to Serious Offences: Applies to offences triable exclusively by Court of Session or punishable with imprisonment extending to seven years or more.
Examination as Witness: Every person accepting a tender of pardon must be examined as a witness in the Court of the Magistrate and in subsequent trial courts.

Key Landmark Precedents:

Suresh Chandra Bahri v. State of Bihar, 1995 Supp (1) SCC 80: The Supreme Court held that the object of Section 306 CrPC (Section 343 BNSS) is to prevent failure of justice in heinous crimes where direct evidence is unavailable; the approver must be kept in custody until trial termination unless on bail.
Laxmipat Choraria v. State of Maharashtra, AIR 1968 SC 938: Affirmed that an accomplice who accepts a pardon becomes an ordinary witness, and their testimony requires independent material corroboration.

Courtroom Practice & Strategic Litigation Guidance:

Defence counsel must vigorously cross-examine an approver on whether they suppressed their own principal role or concocted details to secure executive immunity and escape penal liability.