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Section 345 BNSS 2023: Trial of Person Not Complying with Conditions of Pardon

Section 345 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the procedure for trying a person who accepted a pardon but is later alleged to have breached its conditions by wilfully concealing an essential fact or giving false evidence.

In brief: Section 345 becomes relevant after a pardon under Section 343 or Section 344 has been accepted. A Public Prosecutor must certify non-compliance. The person cannot be tried jointly with the other accused, and prosecution for giving false evidence requires sanction of the High Court.

Meaning and scope of Section 345 BNSS

A tender of pardon is generally used to obtain evidence from a person believed to have been directly or indirectly concerned in an offence. Under Section 343, the pardon is conditional upon making a full and true disclosure of the circumstances within the person's knowledge relating to the offence and the persons concerned in it.

Section 345 addresses the consequence of an alleged breach of that condition. The provision does not make the Public Prosecutor's certification the final determination of breach. If the accused pleads that the conditions were complied with, the prosecution must prove non-compliance and the Court must decide that issue before judgment.

Section 345 - Trial of person not complying with conditions of pardon

345. (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.

How Section 345 BNSS operates

  1. There must first be an accepted pardon: The pardon must have been tendered under Section 343 or Section 344.
  2. Public Prosecutor's certification is required: The Public Prosecutor must certify an opinion that the person wilfully concealed something essential or gave false evidence and thereby failed to comply with the pardon condition.
  3. A separate trial is required: The person cannot be tried jointly with the other accused.
  4. High Court sanction is necessary for false-evidence prosecution: A trial for the offence of giving false evidence under this provision cannot proceed without sanction of the High Court.
  5. Earlier pardon statements may be used: A qualifying statement recorded under Section 183 or Section 343(4) may be given in evidence against the person.
  6. The accused may plead compliance: If such a plea is raised, the prosecution bears the burden of proving that the pardon condition was breached.
  7. The Court must make a finding: Before judgment, the Court must determine whether the condition of pardon was complied with. A finding of compliance requires acquittal.

Plea of compliance and burden of proof

Section 345 expressly protects the right of the accused to assert that the conditions of pardon were fulfilled. Once that plea is made, the prosecution must prove the alleged non-compliance.

Stage Requirement under Section 345
Court of Session The Court asks about the plea of compliance before the charge is read out and explained.
Magistrate's Court The Court asks about the plea before prosecution witnesses are examined.
If compliance is pleaded The plea is recorded, the trial proceeds, and the prosecution must prove non-compliance.
Before judgment The Court must record a finding on compliance with the pardon conditions.
If compliance is found The Court must pass a judgment of acquittal.

Official text and legal reference

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. For authoritative statutory text and updates, consult the official India Code and Ministry of Home Affairs resources linked in the sidebar.

Legal information notice: This page is a general explanation of the statutory provision. Application of Section 345 depends on the facts, the terms of the pardon, the prosecutor's certification, the evidence and the orders of the competent Court.