S
306 of CRPC:- Tender of
pardon to accomplice:-
1)
With a view to obtain
the evidence of any person who
is supposed to have
been directly or indirectly concerned in
or privy to an offence to which this section applies, the chief
judicial magistrate or metropolitan magistrate or
first class magistrate may at
any stage of investigation or inquiry tender
a pardon to such person, on the condition that he will make a full
and true disclosure of the whole of the circumstances within his
knowledge relating to the offence and to every other person concerned
in the commission thereof as principal or as an abettor.
The
offences in respect of which such tender can be made are following:
a)
Any offence which can be tried exclusively by session court,or by the
court of special Judge appointed under criminal law amendment Act
1952.
b)
Any offence which is punishable with imprisonment extending to seven
years or more.
Every
magistrate who tenders a pardon as aforesaid must record his reasons
for doing so. He must also record whether tender was or was not
accepted by the person to whom it was made. A copy of such record is
to be furnished to the accused free of costs if he applies for the
same.
If
a person accepts such a tender of pardon,he must be examined as
witness in the court of magistrate taking cognizance of offence,and
must be detained in custody until the termination of the trial,unless
he is already on bail.
When
a person has accepted a tender of pardon and has been examined as a
witness, the magistrate taking cognizance of offence must without
taking further inquiry in the case-
a)
commit it for trial-
1)to
session court, if offence is triable exclusively by that court or if
magistrate taking cognizance is chief judicial magistrate;
2)
to a court of special judge if offence is triable exclusively by
that court;
3)
make over the case to chief judicial magistrate who must then try the
case himself.
S
307. Power to direct tender of pardon:-
At any time after commitment of a case but before judgment is passed
the court to which commitment is made may tender pardon to
accomplice.
S
308. Trial of person not complying with condition of pardon:-
It
often happens that ofter accepting such tender of pardon,the approver
does not comply with the conditions of pardon and does not make a
clean breast of the whole transaction. Therefore if public prosecutor
certifies that in his opinion, accomplice has not complied with the
condition on which the tender was made either by wilfully concealing
anything which is essential or by giving false evidence,such person
shall be tried for the offence in respect of which pardon was
tendered and also for the offence of giving false evidence.
However
such a person can not be tried jointly with any of the accused
persons.
Moreover
if such a person is to be tried for the offence of giving false
evidence, sanction of high court has to be taken. S
195 and S 340 are not applicable.
Any
statement made by such person accepting tender of pardon and recorded
by magistrate under S 164 or
by court under S
306(4) may be given in evidence against him at such trial.
At
any such trial the approver is entitled to plead that he has complied
with the condition on which tender was made. In such a case it is for
the prosecution to prove that conditions were not in fact complied
with.
At
such trial court must ask accused whether he
pleads that he has complied with the condition on which tender of
pardon was made,and the accused does so pleads, the court must
record the plea and proceed with the trial.Before passing any
judgment in the case, the court must find out whether or not the
accused had complied with the conditions of pardon,and if he does
so,the court may pass judgment of acquittal.
Read important judgments on pardon:
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