Trial of person not complying with conditions of pardon
Section 345 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with trial of person not complying with conditions of pardon. Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tend The Act came into force on 01 Jul 2024.
(1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:
Provided that such person shall not be tried jointly with any of the other accused:
Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence.
(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial.
(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with.
(4) At such trial, the Court shall---
(a) if it is a Court of Session, before the charge is read out and explained to the accused;
(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken,
ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made.
(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal.
Section 345, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 308 Trial of person not complying with conditions 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.
This section refers to
- s. 183 Recording of confessions and statements
- s. 215 . Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- s. 343 Tender of pardon to accomplice
- s. 344 Power to direct tender of pardon
- s. 379 Procedure in cases mentioned in section 215
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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Ashok Seghal vs State
Decided under Code of Criminal Procedure 308, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Magistrate First Class has concurrent jurisdiction with the Special Judge to tender pardon under Section 306 Cr.P.C. in cases arising under the Prevention of Corruption Act, 1988. The power to grant pardon is not exclusively vested in the Special Judge. When a Magistrate tenders pardon bonafide, even if erroneously without explicit jurisdiction, the proceedings are protected by Section 460(g) Cr.P.C. and cannot be set aside merely on the ground of lack of empowerment. The deeming clause in Section 5(2) of the Prevention of Corruption Act has limited purpose only for sub-sections 1 to 5 of Section 308 Cr.P.C. and does not exclude the Magistrate's concurrent power under Section 306 Cr.P.C.
On this section: Court noted that the deeming clause in Section 5(2) of Prevention of Corruption Act references sub-sections 1 to 5 of Section 308 for limited purpose of trial for non-compliance with pardon conditions
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 345
What have the courts held on Section 345 of the Bharatiya Nagarik Suraksha Sanhita?
Ashok Seghal vs State (13 Jun 2012) is the leading judgment on this section among those set out below, though it was decided under CRPC 308, which this section replaced -- the court never mentioned this Act: Court noted that the deeming clause in Section 5(2) of Prevention of Corruption Act references sub-sections 1 to 5 of Section 308 for limited purpose of trial for non-compliance with pardon conditions.
How do I find court cases under Section 345 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 345, section 345 BNSS, section 345 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 345 3 in hindi and bns 345 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 Ashok Seghal vs State (13 Jun 2012).
What should I read with Section 345 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 183 (Recording of confessions and statements), section 215 (. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence), section 343 (Tender of pardon to accomplice), section 344 (Power to direct tender of pardon), and on 1 further provision, so none of them can safely be read on its own. It carries forward CrPC 308 (Trial of person not complying with conditions of pardon), so the judgments decided under that provision are the case law on this one.
When did Section 345 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 345 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 345, 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 15 Oct 2026. This page is not a substitute for legal advice.