Section 307 CrPC: Power to Direct Tender of Pardon - Section 344 BNSS
Section 307 of the Code of Criminal Procedure, 1973 empowered a court to tender a conditional pardon to an accomplice after commitment of a criminal case and before judgment. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 344.
Meaning and purpose of Section 307 CrPC
The expression tender of pardon means an offer of pardon to a person believed to have participated in, or known about, an offence, in exchange for a full and true disclosure of relevant facts. The objective is to obtain evidence at trial concerning the offence and the persons involved. A pardon is conditional, not an unconditional declaration of innocence.
Section 307 CrPC - statutory provision
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.
Section 344 BNSS - current corresponding provision
Section 344 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Power to direct tender of pardon, contains the same substantive rule: after commitment and before judgment, the court to which the case is committed may tender pardon to obtain the evidence of a person connected with the offence, subject to the same condition of full and true disclosure.
The condition is explained in Section 343(1) BNSS (corresponding to Section 306(1) CrPC): the person must make a full and true disclosure of all circumstances within their knowledge relating to the offence and every other person concerned, whether as principal or abettor.
Conditions for granting pardon
- Stage of proceedings: The case must have been committed to the relevant court, and judgment must not yet have been passed.
- Competent court: The power belongs to the court to which the case was committed.
- Purpose: The pardon must be directed towards obtaining evidence at the trial.
- Person concerned: The proposed witness may have been directly or indirectly involved in, or privy to, the offence.
- Full disclosure: The recipient must comply with the condition of full and true disclosure concerning the offence and other participants.
How the provision operates
The court considers whether evidence from the proposed accomplice is needed for the trial. If it exercises its discretion to tender pardon, the person must accept the attached condition and provide truthful, complete evidence. The court must assess the evidence in accordance with applicable law; the mere grant of pardon does not establish the guilt of another accused.
If the person accepting pardon fails to comply with its conditions, the separate rules governing prosecution of that person become relevant under Section 345 BNSS (previously Section 308 CrPC). The precise consequences depend on the statutory requirements and the facts of the case.
Related criminal procedure provisions
- Section 306 CrPC - Tender of pardon to accomplice (corresponding Section 343 BNSS).
- Section 308 CrPC - Trial of person not complying with conditions of pardon (corresponding Section 345 BNSS).
- Code of Criminal Procedure - section index.
Frequently asked questions
What is the BNSS equivalent of Section 307 CrPC?
Section 344 BNSS is the corresponding provision on the power to direct tender of pardon.
Can the court tender pardon after judgment?
No. The power described in Section 307 CrPC and Section 344 BNSS is exercisable after commitment but before judgment is passed.
Does an accomplice receive an unconditional pardon?
No. The pardon is linked to making a full and true disclosure of relevant circumstances and the involvement of other persons.
Which law applies to a case pending before 1 July 2024?
Section 531 BNSS contains savings for pending proceedings. The applicable procedural regime depends on the status of the proceedings and the relevant statutory rules.
Official legal sources
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF).
- BPRD - BNSS handbook and CrPC correspondence table (PDF).
- India Code - official repository of Central Acts.
This article provides general legal information. For an individual case, consult the applicable statutory text, court orders and a qualified legal professional.