Section 344 BNSS: Power to direct tender of pardon

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 344 BNSS at a Glance

Section 344 BNSS deals with power to direct tender of pardon. It replaced Section 307 CrPC on 1 July 2024.

Was CrPC

Section 307 →

Section 344 BNSS Bare Act Text

344. 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 condition to such person.

Source: Section 344, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 344 BNSS in Simple Words

Section 344 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that, at any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may tender a pardon on the same condition to a person supposed to have been directly or indirectly concerned in, or privy to, any such offence.

The pardon is tendered with a view to obtaining the evidence of that person at the trial.

When Section 344 BNSS Applies

  • The Court to which the commitment of the case is made may tender the pardon.
  • The pardon is tendered 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.
  • The pardon is tendered on the same condition to such person.

Time Limits Under Section 344 BNSS

  • Section 344 BNSS allows the pardon to be tendered at any time after commitment of a case but before judgment is passed.Act text: “At any time after commitment of a case but before judgment is passed”

Example of Section 344 BNSS

A case is committed to a Court. Before judgment is passed, that Court takes the view that Sandeep is supposed to have been directly or indirectly concerned in, or privy to, the offence. With a view to obtaining the evidence of Sandeep at the trial, the Court to which the commitment is made may tender a pardon on the same condition to Sandeep.

When Section 344 BNSS Does Not Apply

  • Section 344 BNSS speaks of a pardon tendered by the Court to which a case is committed. It does not deal with the tender of pardon to an accomplice, the subject of Section 343 BNSS.
  • Section 344 BNSS speaks of the tender of a pardon. It does not deal with the trial of a person not complying with conditions of pardon, the subject of Section 345 BNSS.

Section 344 BNSS in the CrPC (Previous Law)

Section 344 BNSS replaces Section 307 CrPC from the old criminal code.

Section 344 BNSS has the same heading as Section 307 CrPC, Power to direct tender of pardon, and the same text.

View CrPC Section 307 →

FAQs on Section 344 BNSS

When may a pardon be tendered under Section 344 BNSS?▼

At any time after commitment of a case but before judgment is passed.

Which Court may tender the pardon under Section 344 BNSS?▼

The Court to which the commitment is made.

To whom may a pardon be tendered under Section 344 BNSS?▼

To any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, with a view to obtaining the evidence of that person at the trial. The pardon is tendered on the same condition.

What changed from Section 307 CrPC to Section 344 BNSS from 1 July 2024?▼

Section 344 BNSS has the same heading and the same text as Section 307 CrPC. Section 307 CrPC has no sub-sections, and maps as a whole to Section 344 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·