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.
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.
What does Section 344 of BNSS say?
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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.
- •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 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.
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.
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 Judgments under Section 344 BNSS
Sections commonly cited alongside Section 344
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