(1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial, the Court shall— (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal.
Bharatiya Nagarik Suraksha Sanhita
Section 345
Trial of person not complying with conditions of pardon
⚡ Quick Answer Reference: Section 345 BNSS
- Provision: Section 345 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: If someone accepts a pardon but then breaks the conditions of that pardon, they can be tried for the original crime and possibly other related crimes. The prosecution must prove that the person broke the conditions. If the person claims they complied with the conditions, the prosecution must prove they didn't.
What does Section 345 of BNSS say?
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What does Section 345 of BNSS mean?
Plain English Explanation
If someone accepts a pardon but then breaks the conditions of that pardon, they can be tried for the original crime and possibly other related crimes. The prosecution must prove that the person broke the conditions. If the person claims they complied with the conditions, the prosecution must prove they didn't.
Practical Interpretation
This section allows the prosecution to re-try someone who accepted a pardon but then broke the conditions. The prosecution must prove that the person broke the conditions, and the person has the right to claim they complied. The court will then decide whether the person broke the conditions and pass judgment accordingly.
Core Legal Purpose
The core purpose of this section is to ensure that people who accept pardons but then break the conditions are held accountable for their actions. It provides a mechanism for the prosecution to re-try the person and for the court to determine whether the conditions were broken.
- •The person must have accepted a tender of pardon under Section 343 or Section 344.
- •The Public Prosecutor must certify that the person has not complied with the condition on which the tender was made.
- •The prosecution must prove that the person broke the conditions of the pardon.
- •The person cannot be tried jointly with other accused, and they cannot be tried for the offence of giving false evidence without the sanction of the High Court.
Practical Example of Section 345 BNSS
Rajesh accepts a pardon for a crime under Section 343. However, during the investigation, it is discovered that Rajesh wilfully concealed essential information. The Public Prosecutor certifies that Rajesh has not complied with the condition of the pardon. Rajesh can be tried for the original crime and possibly other related crimes. The prosecution must prove that Rajesh broke the conditions of the pardon. If Rajesh claims he complied with the conditions, the prosecution must prove he didn't.
Frequently Asked Questions about Section 345 BNSS
Q: What is the punishment or consequence under Section 345 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of breaking the conditions of a pardon are determined by the court's judgment, which may result in acquittal or conviction for the original crime and possibly other related crimes.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who have accepted a tender of pardon under Section 343 or Section 344, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not applicable to determine whether the offence is bailable or cognizable.
Common Questions about Section 345 BNSS
What is Section 345 of BNSS?
Section 345 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Trial of person not complying with conditions of pardon". In plain terms: If someone accepts a pardon but then breaks the conditions of that pardon, they can be tried for the original crime and possibly other related crimes. The prosecution must prove that the person broke the conditions. If the person claims they complied with the conditions, the prosecution must prove they didn't.
What is the punishment under Section 345 of BNSS?
Section 345 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 345 of BNSS bailable or non-bailable?
Whether Section 345 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 345 of BNSS?
The essential elements of Section 345 of BNSS are: The person must have accepted a tender of pardon under Section 343 or Section 344.; The Public Prosecutor must certify that the person has not complied with the condition on which the tender was made.; The prosecution must prove that the person broke the conditions of the pardon..
Landmark Judgments under Section 345 BNSS
Sections commonly cited alongside Section 345
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