CrPC 308→BNSS 345

CrPC 308 to BNSS 345: Trial of person not complying with conditions of pardon

Section 308 CrPC (1973) replaced by Section 345 BNSS (2023)

View CrPC Section 308 →View BNSS Section 345 →

CrPC 308 to BNSS 345 at a Glance

Section 308 CrPC (Trial of person not complying with conditions of pardon) is now Section 345 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 308 to BNSS 345?

Section 345 BNSS has the same heading as Section 308 CrPC, Trial of person not complying with conditions of pardon. The text is the same, except for the references to other provisions and to the Code. Section 345(1) BNSS refers to Section 343 BNSS and Section 344 BNSS where Section 308(1) CrPC referred to Section 306 CrPC and Section 307 CrPC. The second proviso to Section 345(1) BNSS refers to Section 215 BNSS and Section 379 BNSS where Section 308(1) CrPC referred to Section 195 CrPC and Section 340 CrPC. Section 345(2) BNSS refers to Section 183 BNSS and Section 343(4) BNSS where Section 308(2) CrPC referred to Section 164 CrPC and Section 306(4) CrPC. Section 345(5) BNSS refers to the Sanhita where Section 308(5) CrPC referred to the Code.

CrPC 308 vs BNSS 345: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section308345
HeadingTrial of person not complying with conditions of pardonSame
Sub-sections5 sub-sectionsSame
Cross-referencess.306, s.195, s.164s.343, s.215, s.183

CrPC 308 and BNSS 345: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 308, CrPC 1973

308. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, 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 195 or section 340 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 164 or by a Court under sub-section (4) of section 306 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 Code, pass judgment of acquittal.
BNSS 2023 (in force)

Section 345, BNSS 2023

345. Trial of person not complying with conditions of pardon.—(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.

When It Applies: CrPC 308 vs BNSS 345

Under CrPC 308
  1. Section 308(1) CrPC applies to a person who has accepted a tender of pardon made under Section 306 CrPC or Section 307 CrPC.
  2. The Public Prosecutor certifies that in the opinion of the Public Prosecutor the person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made.
  3. Such a person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which the person appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence.
  4. The first proviso to Section 308(1) CrPC says the person shall not be tried jointly with any of the other accused.
  5. The second proviso says the 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 195 CrPC or Section 340 CrPC shall apply to that offence.
  6. Under Section 308(2) CrPC, a statement made by the person accepting the tender of pardon and recorded by a Magistrate under Section 164 CrPC or by a Court under Section 306(4) CrPC may be given in evidence against the person at such trial.
  7. Under Section 308(3) CrPC, the accused shall be entitled to plead at such trial that the condition upon which the tender was made has been complied with. In that case it shall be for the prosecution to prove that the condition has not been complied with.
  8. Under Section 308(4) CrPC, the Court shall ask the accused whether the accused pleads that the conditions on which the tender of pardon was made have been complied with.
  9. Under Section 308(5) CrPC, if the accused so pleads, the Court shall record the plea and proceed with the trial.
  10. If the Court finds that the accused has so complied, it shall, notwithstanding anything contained in the Code, pass judgment of acquittal.
Under BNSS 345
  1. Section 345(1) BNSS applies to a person who has accepted a tender of pardon made under Section 343 BNSS or Section 344 BNSS.
  2. The Public Prosecutor certifies that in the opinion of the Public Prosecutor the person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made.
  3. Such a person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which the person appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence.
  4. The first proviso to Section 345(1) BNSS says the person shall not be tried jointly with any of the other accused.
  5. The second proviso says the 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 BNSS or Section 379 BNSS shall apply to that offence.
  6. Under Section 345(2) BNSS, a statement made by the person accepting the tender of pardon and recorded by a Magistrate under Section 183 BNSS or by a Court under Section 343(4) BNSS may be given in evidence against the person at such trial.
  7. Under Section 345(3) BNSS, the accused shall be entitled to plead at such trial that the condition upon which the tender was made has been complied with. In that case it shall be for the prosecution to prove that the condition has not been complied with.
  8. Under Section 345(4) BNSS, the Court shall ask the accused whether the accused pleads that the conditions on which the tender of pardon was made have been complied with.
  9. Under Section 345(5) BNSS, if the accused so pleads, the Court shall record the plea and proceed with the trial.
  10. If the Court finds that the accused has so complied, it shall, notwithstanding anything contained in the Sanhita, pass judgment of acquittal.

Time Limits: CrPC 308 to BNSS 345

Under CrPC 308
  • Under Section 308(4)(a) CrPC, a Court of Session asks the accused about the plea before the charge is read out and explained to the accused.Act text: “if it is a Court of Session, before the charge is read out and explained to the accused”
  • Under Section 308(4)(b) CrPC, the Court of a Magistrate asks the accused about the plea before the evidence of the witnesses for the prosecution is taken.Act text: “if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken”
  • Under Section 308(5) CrPC, the Court shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon.Act text: “it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon”
Under BNSS 345
  • Under Section 345(4)(a) BNSS, a Court of Session asks the accused about the plea before the charge is read out and explained to the accused.Act text: “if it is a Court of Session, before the charge is read out and explained to the accused”
  • Under Section 345(4)(b) BNSS, the Court of a Magistrate asks the accused about the plea before the evidence of the witnesses for the prosecution is taken.Act text: “if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken”
  • Under Section 345(5) BNSS, the Court shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon.Act text: “it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon”

What CrPC 308 to BNSS 345 Means in Practice

From 1 July 2024, a reader looking for this provision finds it in Section 345 BNSS, and follows the references in it to Section 343 BNSS, Section 344 BNSS, Section 183 BNSS, Section 215 BNSS and Section 379 BNSS. The earlier references in Section 308 CrPC were to Section 306 CrPC, Section 307 CrPC, Section 164 CrPC, Section 195 CrPC and Section 340 CrPC.

FAQs: CrPC 308 to BNSS 345

Which BNSS section carries Section 308 CrPC?▼

Section 345 BNSS. Section 308(1) CrPC is found in Section 345(1) BNSS, Section 308(2) CrPC in Section 345(2) BNSS, Section 308(3) CrPC in Section 345(3) BNSS, Section 308(4) CrPC in Section 345(4) BNSS and Section 308(5) CrPC in Section 345(5) BNSS.

Which references differ between Section 345 BNSS and Section 308 CrPC?▼

Section 345(1) BNSS refers to Section 343 BNSS and Section 344 BNSS where Section 308(1) CrPC referred to Section 306 CrPC and Section 307 CrPC. The second proviso to Section 345(1) BNSS refers to Section 215 BNSS and Section 379 BNSS where Section 308(1) CrPC referred to Section 195 CrPC and Section 340 CrPC. Section 345(2) BNSS refers to Section 183 BNSS and Section 343(4) BNSS where Section 308(2) CrPC referred to Section 164 CrPC and Section 306(4) CrPC.

Is the heading of Section 345 BNSS different from Section 308 CrPC?▼

The heading is the same, Trial of person not complying with conditions of pardon. Section 345(5) BNSS refers to the Sanhita where Section 308(5) CrPC referred to the Code.

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 ·