CrPC 306→BNSS 343

CrPC 306 to BNSS 343: Tender of pardon to accomplice

Section 306 CrPC (1973) replaced by Section 343 BNSS (2023)

View CrPC Section 306 →View BNSS Section 343 →

CrPC 306 to BNSS 343 at a Glance

Section 306 CrPC (Tender of pardon to accomplice) is now Section 343 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 306 to BNSS 343?

From 1 July 2024, Section 343 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 306 of the Code of Criminal Procedure, 1973, with the same heading. Section 343(1) BNSS reads the Chief Judicial Magistrate at any stage where Section 306(1) CrPC read the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage. Section 343(2)(a) BNSS and Section 343(5)(a)(ii) BNSS read a Special Judge appointed under any other law for the time being in force where Section 306(2)(a) CrPC and Section 306(5)(a)(ii) CrPC read a Special Judge appointed under the Criminal Law Amendment Act, 1952. Section 343(2)(b) BNSS, Section 343(3) BNSS, Section 343(4) BNSS, Section 343(5)(a)(i) BNSS and Section 343(5)(b) BNSS are in the same words as the matching provisions of Section 306 CrPC.

CrPC 306 vs BNSS 343: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section306343
HeadingTender of pardon to accompliceSame
Sub-sections5 sub-sectionsSame

CrPC 306 and BNSS 343: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 306, CrPC 1973

306. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) This section applies to— (a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record— (a) his reasons for so doing; (b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)— (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case— (a) commit it for trial— (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952), if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.
BNSS 2023 (in force)

Section 343, BNSS 2023

343. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) This section applies to— (a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record— (a) his reasons for so doing; (b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)— (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case— (a) commit it for trial— (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) to a Court of Special Judge appointed under any other law for the time being in force, if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

When It Applies: CrPC 306 vs BNSS 343

Under CrPC 306
  1. Under Section 306(1) CrPC, the Chief Judicial Magistrate or a Metropolitan Magistrate, at any stage of the investigation or inquiry into, or the trial of, the offence, may tender a pardon to a person supposed to have been directly or indirectly concerned in or privy to an offence to which Section 306 CrPC applies, on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.
  2. Under Section 306(1) CrPC, the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on the same condition.
  3. Under Section 306(2) CrPC, Section 306 CrPC applies to any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952, and to any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.
  4. Under Section 306(3) CrPC, every Magistrate who tenders a pardon under Section 306(1) CrPC shall record his reasons for so doing, and whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost.
  5. Under Section 306(4) CrPC, every person accepting a tender of pardon made under Section 306(1) CrPC shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any, and shall, unless he is already on bail, be detained in custody until the termination of the trial.
  6. Under Section 306(5) CrPC, where a person has accepted a tender of pardon and has been examined under Section 306(4) CrPC, the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case, commit it for trial to the Court of Session or to a Court of Special Judge, or in any other case make over the case to the Chief Judicial Magistrate who shall try the case himself.
Under BNSS 343
  1. Under Section 343(1) BNSS, the Chief Judicial Magistrate, at any stage of the investigation or inquiry into, or the trial of, the offence, may tender a pardon to a person supposed to have been directly or indirectly concerned in or privy to an offence to which Section 343 BNSS applies, on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.
  2. Under Section 343(1) BNSS, the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on the same condition.
  3. Under Section 343(2) BNSS, Section 343 BNSS applies to any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force, and to any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.
  4. Under Section 343(3) BNSS, every Magistrate who tenders a pardon under Section 343(1) BNSS shall record his reasons for so doing, and whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost.
  5. Under Section 343(4) BNSS, every person accepting a tender of pardon made under Section 343(1) BNSS shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any, and shall, unless he is already on bail, be detained in custody until the termination of the trial.
  6. Under Section 343(5) BNSS, where a person has accepted a tender of pardon and has been examined under Section 343(4) BNSS, the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case, commit it for trial to the Court of Session or to a Court of Special Judge, or in any other case make over the case to the Chief Judicial Magistrate who shall try the case himself.

Time Limits: CrPC 306 to BNSS 343

Under CrPC 306
  • Under Section 306(4)(b) CrPC, every person accepting a tender of pardon shall, unless he is already on bail, be detained in custody until the termination of the trial.Act text: “shall, unless he is already on bail, be detained in custody until the termination of the trial”
Under BNSS 343
  • Under Section 343(4)(b) BNSS, every person accepting a tender of pardon shall, unless he is already on bail, be detained in custody until the termination of the trial.Act text: “shall, unless he is already on bail, be detained in custody until the termination of the trial”

What CrPC 306 to BNSS 343 Means in Practice

From 1 July 2024, the provision on the tender of pardon to an accomplice is Section 343 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 306 of the Code of Criminal Procedure, 1973. Section 343(1) BNSS names the Chief Judicial Magistrate and the Magistrate of the first class, where Section 306(1) CrPC named the Chief Judicial Magistrate, a Metropolitan Magistrate and the Magistrate of the first class.

FAQs: CrPC 306 to BNSS 343

Where is each sub-section of Section 306 CrPC found in Section 343 BNSS?▼

Section 306(1) CrPC is found in Section 343(1) BNSS, Section 306(2)(a) CrPC in Section 343(2)(a) BNSS, Section 306(2)(b) CrPC in Section 343(2)(b) BNSS, Section 306(3)(a) CrPC in Section 343(3)(a) BNSS, Section 306(3)(b) CrPC in Section 343(3)(b) BNSS, Section 306(4)(a) CrPC in Section 343(4)(a) BNSS, Section 306(4)(b) CrPC in Section 343(4)(b) BNSS, Section 306(5)(a)(i) CrPC in Section 343(5)(a)(i) BNSS, Section 306(5)(a)(ii) CrPC in Section 343(5)(a)(ii) BNSS and Section 306(5)(b) CrPC in Section 343(5)(b) BNSS, from 1 July 2024.

Which Magistrates does Section 343(1) BNSS name where Section 306(1) CrPC named a Metropolitan Magistrate?▼

Section 343(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, where Section 306(1) of the Code of Criminal Procedure, 1973 read the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence. Both provisions then refer to the Magistrate of the first class inquiring into or trying the offence.

Which words about the Special Judge differ in Section 343 BNSS from Section 306 CrPC?▼

Section 343(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 343(5)(a)(ii) BNSS read a Special Judge appointed under any other law for the time being in force. Section 306(2)(a) of the Code of Criminal Procedure, 1973 and Section 306(5)(a)(ii) CrPC read a Special Judge appointed under the Criminal Law Amendment Act, 1952.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·