Section 344 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 344 of BNSS, 2023 – Explanation
Title: Power of the Court to Grant Pardons or Immunity to Persons Suspected of Involvement in a Crime
What does Section 344 say?
Section 344 gives the court the power to grant pardon or immunity to a person suspected of involvement in an offense after the person has appeared in court but before the judgment is delivered.
The main purpose of this power is to enable the court to obtain evidence or testimony from such a person which might be crucial for establishing the truth in the case.
Why is this important?
Often, in criminal proceedings, there may be individuals who are indirectly or directly involved in a crime but may not be the main accused.
These individuals may possess important information or evidence that could help in prosecuting or acquitting the main accused.
To encourage such persons to cooperate and provide truthful evidence, the court may grant them immunity or pardon under this section.
This immunity protects them from prosecution for the particular offense in exchange for their cooperation.
When can this power be exercised?
After the person is produced in court (i.e., after the trial begins or the person is summoned).
Before the final judgment or decision is passed by the court.
What is the objective?
The objective of Section 344 is to facilitate the discovery of truth and to ensure justice is served by leveraging evidence that might otherwise be unavailable due to fear of prosecution.
Similar Provisions:
Section 344 of BNSS is broadly similar to Section 307 of the Indian Penal Code (Criminal Procedure Code), which allows the court to grant pardon to an accused for the purpose of obtaining evidence or testimony.
Summary:
| Aspect | Details |
|---|---|
| Provision Name | Section 344, BNSS, 2023 |
| Purpose | Power to grant pardon/immunity |
| Who can get immunity? | Persons suspected to be involved in crime |
| When? | After appearance in court, before judgment |
| Reason for Immunity | To obtain evidence or truthful testimony |
| Similar Indian Law | Section 307 Cr.P.C. |
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