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Bharatiya Nagarik Suraksha Sanhita

Section 344

Power to direct tender of pardon

Quick Answer Reference: Section 344 BNSS

  • Provision: Section 344 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
  • Jurisdiction: India
  • Summary: The court can offer a pardon to someone involved in a crime before the trial, in exchange for their testimony.
Statutory Content

What does Section 344 of BNSS say?

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.

Indian StandardSection 344, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 344 (India)
Court Pleading StandardSection 344 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/344

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 344 of BNSS mean?

Plain English Explanation

The court can offer a pardon to someone involved in a crime before the trial, in exchange for their testimony.

Practical Interpretation

This section allows the court to grant immunity to a witness in exchange for their cooperation, helping to build a stronger case against other defendants.

Core Legal Purpose

The purpose of this provision is to facilitate the collection of evidence and testimony in criminal cases, by incentivizing witnesses to come forward.

Key Legal Elements
  • The case must have been committed to the court.
  • The pardon is conditional on the person's testimony.
  • The court must believe the person has information about the offence.
  • The person must be supposed to have been directly or indirectly concerned in, or privy to, the offence.
Practical Example

Practical Example of Section 344 BNSS

Rajesh is accused of theft, and his associate, Priya, is suspected of being involved. Before the trial, the court offers Priya a pardon in exchange for her testimony against Rajesh. If Priya agrees and testifies, she will be granted immunity from prosecution. This helps the court build a stronger case against Rajesh.

Common Questions (FAQ)

Frequently Asked Questions about Section 344 BNSS

Q: What is the punishment or consequence under Section 344 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to any person supposed to have been directly or indirectly concerned in, or privy to, an offence.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with the bailability or cognizability of an offence, but rather with the court's power to grant a pardon.

People Also Ask (PAA)

Common Questions about Section 344 BNSS

What is Section 344 of BNSS?

Section 344 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to direct tender of pardon". In plain terms: The court can offer a pardon to someone involved in a crime before the trial, in exchange for their testimony.

What is the punishment under Section 344 of BNSS?

Section 344 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 344 of BNSS bailable or non-bailable?

Whether Section 344 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 344 of BNSS?

The essential elements of Section 344 of BNSS are: The case must have been committed to the court.; The pardon is conditional on the person's testimony.; The court must believe the person has information about the offence..

Landmark Case Laws

Landmark Judgments under Section 344 BNSS

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

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