Power to direct tender of pardon
Section 344 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to direct tender of pardon. 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 The Act came into force on 01 Jul 2024.
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, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 307 Power to direct tender of pardon Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Babu Rudregouda Sahebagouda Rudregoudar vs The State of Karnataka by Tikota Police
Decided under Code of Criminal Procedure 307, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The exercise of power to tender pardon to an accused under Section 306 Cr.P.C. rests on judicial discretion and must be exercised with great caution and on sufficient grounds, recognizing the risk of allowing an offender to escape just punishment at the expense of co-accused. A trial court cannot grant pardon without placing sufficient materials on record demonstrating the necessity for such pardon, such as credible evidence of witness hostility, and must consider the impact on co-accused's right to defend themselves. The grant of pardon without proper application of judicial mind and without sufficient supporting materials constitutes abuse of process of court and is liable to be set aside by the High Court.
On this section: Provision allowing accused to tender pardon and make full disclosure of circumstances; discretion vests with trial court
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 344
What have the courts held on Section 344 of the Bharatiya Nagarik Suraksha Sanhita?
Babu Rudregouda Sahebagouda Rudregoudar vs The State of Karnataka by Tikota Police (11 Mar 2005) is the leading judgment on this section among those set out below, though it was decided under CRPC 307, which this section replaced -- the court never mentioned this Act: Provision allowing accused to tender pardon and make full disclosure of circumstances; discretion vests with trial court.
How do I find court cases under Section 344 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 344, section 344 BNSS, section 344 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 344 section. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Babu Rudregouda Sahebagouda Rudregoudar vs The State of Karnataka by Tikota Police (11 Mar 2005).
What should I read with Section 344 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward CrPC 307 (Power to direct tender of pardon), so the judgments decided under that provision are the case law on this one.
When did Section 344 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 344 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 344, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.