Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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.
Brefe Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 grants the Court the authority to tender a pardon to individuals believed to be involved in an offence. This can occur any time after a case is committed but before the judgment is rendered. The intent is to secure the testimony of these individuals during the trial.
Question & Answers
Q1: When can a Court tender a pardon?
A1: A Court can tender a pardon any time after the commitment of a case but before judgment is passed.
Q2: What is the purpose of tendering a pardon?
A2: The purpose is to obtain evidence from a person who is believed to have been involved in or privy to the offence.
Q3: Who can receive a tender of pardon?
A3: Any person thought to be directly or indirectly concerned in the offence can receive a tender of pardon.
Q4: Are there conditions for the tender of pardon?
A4: Yes, the tender of pardon is made under specific conditions related to the person's disclosure of information.
Example
- Example 1: If an individual suspected of being an accomplice in a fraud case is identified, the Court may tender a pardon to encourage them to provide crucial evidence during the trial.
- Example 2: After a case is committed to trial, the Court might offer a pardon to a witness who has knowledge of the events leading up to the alleged crime.
Summary
Section 344 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court to offer pardons to individuals involved in an offence, allowing them to provide testimony that may be essential for the trial. This action can take place after a case is committed but prior to the issuance of a judgment.
