Section 345 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 345 – Explanation in Detail:
This section deals with cases where a person has accepted a pardon (or remission) under Sections 343 or 344 but does not comply with the conditions of that pardon. It lays down the procedure to initiate proceedings against such persons.
Key Points of Section 345:
Violation of Pardon Conditions:
When someone accepts a pardon under Section 343 or 344, there are usually certain conditions attached to that pardon.
If the person fails to fulfill those conditions, such as deliberately hiding important information, giving false evidence, or not cooperating as required, this section applies.
Initiating Proceedings:
If the person violates the pardon conditions, the prosecutor (or public prosecutor) can issue a certificate stating that the conditions were violated.
On this basis, a new trial or legal proceeding can be started against the person for the original offense or related offenses.
The person can also be prosecuted for giving false evidence or misleading the court.
Use of Statements Given at the Time of Pardon:
Any statements or confessions made by the accused while accepting the pardon can be used as evidence in the new proceedings.
This means the court can rely on those statements to prove the violation of conditions or even the original offense.
Right to Defense:
The accused has the right to argue that they did comply with the pardon conditions.
If the accused claims compliance, it is up to the prosecution to prove otherwise – that the accused indeed violated the conditions.
Court Procedure:
Before the trial proceeds in sessions court or before evidence is presented in magistrate court, the court must ask the accused if they complied with the pardon conditions.
This step ensures the accused is given a chance to explain before being tried again.
Court’s Decision:
If the court finds that the accused did comply with the conditions, the accused must be acquitted (freed).
If the court finds the conditions were not complied with, the case will continue against the accused.
Purpose of Section 345:
The section encourages those who accept pardons to strictly follow the conditions attached.
It provides a clear legal mechanism to deal with cases where pardons are misused or violated.
It protects the integrity of the pardon system by ensuring that if conditions are broken, offenders can be prosecuted again.
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