Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 343: Tender of pardon to accomplice
(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.
Brefe Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for tendering a pardon to an accomplice in criminal cases. It specifies the conditions under which a pardon may be granted, the types of offences to which it applies, and the responsibilities of the Magistrate in recording the process. Additionally, it details the implications for the individual accepting the pardon.
Question & Answers
Q1: What is the purpose of tendering a pardon to an accomplice?
A1: The purpose is to obtain evidence from a person who may have been involved in an offence.
Q2: Who can tender a pardon?
A2: The Chief Judicial Magistrate or a first-class Magistrate can tender a pardon at any stage of the investigation, inquiry, or trial.
Q3: What types of offences does this section apply to?
A3: It applies to offences triable exclusively by the Court of Session or a Special Judge and those punishable with imprisonment extending to seven years or more.
Q4: What must a Magistrate do when tendering a pardon?
A4: The Magistrate must record the reasons for the pardon and whether it was accepted, and provide a copy of this record to the accused upon request.
Q5: What happens to a person who accepts a tender of pardon?
A5: They must be examined as a witness and may be detained in custody until the trial ends unless they are already on bail.
Q6: What is the next step after a person accepts a tender of pardon?
A6: The Magistrate shall commit the case for trial to the appropriate court without further inquiry.
Example
- Example 1: A person involved in a robbery accepts a tender of pardon from the Chief Judicial Magistrate, agreeing to testify against the principal offender.
- Example 2: After accepting a pardon, the accomplice is detained until the trial concludes and is called as a witness.
Summary
Section 343 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a framework for offering pardons to accomplices in criminal cases, facilitating their cooperation in legal proceedings. It establishes the authority of Magistrates in this process and outlines the conditions and implications for those who accept such pardons.
