Section 306 CrPC and Section 343 BNSS: Tender of Pardon to Accomplice
The law permits a competent Magistrate to offer a conditional pardon to a person involved in an offence so that the person can give a full and true account of the offence and everyone concerned in its commission.
What is tender of pardon to an accomplice?
An accomplice is a person who participated in or was privy to an offence. A tender of pardon is a conditional offer by a competent court to such a person to disclose fully and truthfully the circumstances of the offence, including the roles of principals and abettors. The recipient is commonly called an approver after accepting the pardon and undertaking to give evidence.
This is not an unconditional acquittal or an automatic right of a suspect. The statutory conditions, the competent court's decision, and the recipient's compliance are essential. Failure to comply may attract the procedure in Section 345 BNSS (formerly Section 308 CrPC).
Section 343 BNSS: Current legal framework
Sub-section (1): Who may tender pardon?
The Chief Judicial Magistrate may tender pardon at any stage of investigation, inquiry or trial. A Magistrate of the first class inquiring into or trying the offence may do so during inquiry or trial. The condition is a full and true disclosure of the circumstances within the person's knowledge and the involvement of every other person concerned, whether as principal or abettor.
Sub-section (2): Offences covered
The provision applies to offences triable exclusively by a Court of Session or a Special Judge appointed under a law in force, and to offences punishable with imprisonment extending to seven years or a more severe sentence.
Sub-section (3): Reasons and record
The Magistrate must record the reasons for tendering pardon and whether it was accepted. On an application by an accused, a copy of that record must be furnished free of cost.
Sub-section (4): Evidence and custody
The person accepting pardon must be examined as a witness before the Magistrate taking cognizance and at the subsequent trial, if any. Unless already on bail, the person must be detained in custody until the termination of the trial, subject to applicable law and judicial orders.
Sub-section (5): Further proceedings
After the required examination, the Magistrate taking cognizance proceeds without further inquiry to commit the case to the Court of Session or the competent Special Judge, as applicable, or makes it over to the Chief Judicial Magistrate in other cases according to the statutory conditions.
Section 306 CrPC, 1973: Original provision explained
Section 306(1): The Chief Judicial Magistrate or a Metropolitan Magistrate could tender pardon during investigation, inquiry or trial, and a first-class Magistrate during inquiry or trial, to obtain evidence from a person directly or indirectly concerned in an offence, on the condition of full and true disclosure.
Section 306(2): It applied to offences exclusively triable by the Court of Session or a Special Judge appointed under the Criminal Law Amendment Act, 1952, and to offences punishable by imprisonment extending to seven years or a more severe sentence.
Section 306(3): The Magistrate had to record reasons and acceptance or rejection, and provide the record free of cost to an accused on application.
Section 306(4): An accepting accomplice was to be examined as a witness before the cognizance-taking Magistrate and at any later trial and, unless already on bail, detained until trial ended.
Section 306(5): After the examination, the Magistrate had to commit the case to the Court of Session or specified Special Judge, or transfer it to the Chief Judicial Magistrate for trial, as the circumstances required.
The text above restates the essential requirements of the original five sub-sections in readable form; consult the official Act for exact statutory wording. Notably, the newer BNSS provision no longer names the Metropolitan Magistrate in sub-section (1), and its Special Judge reference is framed more broadly.
How the pardon procedure works
- Identify an eligible offence and witness: The proposed approver must be a person concerned in or privy to an offence covered by the section.
- Consider the offer: The competent Magistrate assesses the request and the need to obtain evidence.
- Record the order: Reasons for tendering pardon and the recipient's acceptance or refusal are recorded.
- Make a full disclosure: Acceptance requires truthful disclosure of the whole circumstances and other persons involved.
- Examine the witness: The approver gives evidence before the Magistrate and, where applicable, in the subsequent trial.
- Proceed with trial: The case is committed or transferred as required by the relevant sub-section; breach of pardon conditions may lead to separate proceedings under Section 345 BNSS.
Frequently asked questions
Is pardon under Section 343 BNSS automatic?
No. A competent Magistrate must decide whether to tender pardon, and the recipient must accept its condition of full and true disclosure.
Can an accomplice receive pardon during investigation?
Yes. Under Section 343(1) BNSS, the Chief Judicial Magistrate may tender pardon during investigation, inquiry or trial, within the statutory scope.
Does accepting pardon mean immediate release from custody?
No. The provision requires detention until the trial concludes if the approver is not already on bail, subject to applicable legal and judicial safeguards.
What happens if an approver conceals facts or gives false evidence?
The consequences are addressed by Section 345 BNSS, corresponding to Section 308 CrPC, and depend on the statutory requirements and procedure.
Does Section 306 CrPC still matter?
Yes. It remains relevant to historical law, judgments and proceedings governed by the CrPC through the BNSS saving provisions.
Official statutory references
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- Bureau of Police Research and Development - New Criminal Laws
- Ministry of Home Affairs - New Criminal Laws
- National Crime Records Bureau - New Criminal Laws Compendium
Legal information for general reference. The applicable statute, commencement provisions, special legislation and case-specific court orders should be checked before relying on this article.