Section 344 BNSS: Power to direct tender of pardon (Formerly Section 307 CrPC)

Section 344 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to direct tender of pardon

Official Bare Act Text

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

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.

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 344

Section 344 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 307 of the CrPC, 1973) authorizes the Court of Session, after commitment of a case, to tender a pardon to any accomplice at any time before judgment is passed.

Sessions Court Jurisdiction: At any time after commitment but before judgment is pronounced, the Court of Session trying the case may tender a pardon.
Identical Conditions: Subject to the identical condition of making a full and true disclosure of the entire criminal enterprise.
Independent Judicial Assessment: The Sessions Judge must judicially evaluate whether obtaining the approver's testimony is vital for the conviction of other conspirators.

Key Landmark Precedents:

State (NCT of Delhi) v. Navjot Sandhu, (2005) 15 SCC 1: The Supreme Court noted that the Sessions Court's power under Section 307 CrPC is unfettered by magisterial refusal; the judge must balance public interest in convicting primary offenders against pardoning an accomplice.
K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605: Discussed judicial discretion in granting statutory pardons in complex criminal conspiracies.

Courtroom Practice & Strategic Litigation Guidance:

When the prosecution moves an application under Section 344 before the Sessions Court, object if the prosecution already possesses sufficient evidence, pointing out that pardoning a mastermind undermines public faith in criminal justice.