Section 343 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 343 of BNSS, 2023 — Detailed Explanation
Purpose:
Section 343 is designed to help the prosecution in serious criminal cases by encouraging accomplices (people involved in the crime) to cooperate with the authorities. It allows the court to offer immunity or pardon to an accomplice in exchange for full and truthful disclosure of the crime and the involvement of other persons.
Key Points of Section 343:
Offer of Immunity (Pardon):
The Chief Judicial Magistrate or a magistrate of the first class can offer immunity or pardon to a person who is directly or indirectly involved in an offense. This is done on the condition that the person provides a complete and truthful account of the crime, including the roles of other involved individuals.
Applicability:
This section applies to serious offenses, specifically those:
Tried before a Sessions Court or a Special Court, or
Punishable with 7 years or more imprisonment.
Conditions for the Immunity:
The immunity is granted only if the accomplice fully cooperates and tells the truth. If the person accepts immunity, they are then considered a witness for the prosecution during the trial.
Custody and Trial:
If the accomplice is not out on bail, they will remain in custody. Even if immunity is granted, the person has to appear and give testimony in court.
Revocation of Immunity:
If the accomplice:
Conceals any important information, or
Gives false evidence or testimony,
Procedure after Testimony:
After the accomplice testifies, the magistrate can:
Refer the case to the Sessions Court or Special Court for trial, or
Retain it for further proceedings at their own level.
Why is this important?
Helps in prosecution: It allows the law to break through silence among criminals by encouraging some to cooperate.
Ensures truthful evidence: By threatening the revocation of immunity in case of falsehood, it promotes honesty.
Speeds up trials: The cooperation of accomplices often leads to quicker resolution of complex cases.
Summary
Section 343 provides a legal mechanism for granting immunity to an accomplice in a serious crime in return for truthful disclosure and cooperation with the investigation and trial. This is aimed at improving the effectiveness of the criminal justice system in dealing with complex and serious offenses.
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