What is Tender of pardon to accomplice? Who has power to direct tender of pardon? Section 306 and 307 of Code of Criminal Procedure 1973

Tender of pardon to accomplice and Power to direct tender of pardon are defined under Section 306 and 307 of CRPC 1973. Provisions under these sections are:

Section 306 of CRPC "Tender of pardon to accomplice"

(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this Section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into, or trying the offence, at any stage of the inquiry or trial, may tender pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principle or abettor, in the commission thereof.

(2) This Section applies to--
(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.
(3) Every Magistrate who tenders a pardon under sub- section (1) shall record-
(a) his reasons for so doing

(b) whether the tender was or was not accepted by the person to whom it was made;

and shall, on application made by the accused, furnish him with a copy of such record free of cost.

(4) Every person accepting a tender of pardon made under sub-section (1)-

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case-

(a) commit it for trial-

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate ;

(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952, (46 of 1952), if the offence is triable exclusively by that Court ;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

Section 307 of CRPC "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.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Person once convicted or acquitted not to be tried for same offence? Section 300 of Code of Criminal Procedure 1973

Appearance by Public Prosecutors, What is permission to conduct prosecution? Section 301 and 302 of Code of Criminal Procedure 1973

What are the Rights of person against whom proceedings instituted to be defended? What is Legal aid to accused at State expense in certain cases? Section 303 and 304 of Code of Criminal Procedure 1973

What is the procedure when corporation or registered society is an accused? Section 305 of Code of Criminal Procedure 1973

What is Tender of pardon to accomplice? Who has power to direct tender of pardon? Section 306 and 307 of Code of Criminal Procedure 1973

What is Trial of person not complying with conditions of pardon? What is Power to postpone or adjourn proceedings? Section 308 and 309 of Code of Criminal Procedure 1973

What is Local Inspection? What is power to summon material witness, or examine Person? What is present Expenses of complainants and witnesses? Section 310, 311 and 312 of Code of Criminal Procedure 1973

What is Power to examine the accused? What is Oral arguments and memorandum of arguments? Section 313 and 314 of Code of Criminal Procedure 1973

What is the meaning of accused person to be competent witness? What is the meaning of no Influence to be used to induce disclosure? What is the Provision for inquiries and trial being held in the absence of accused in certain cases? Section 315, 316 and 317 of Code of Criminal Procedure 1973

What is the Procedure where accused does not understand proceedings? What is Power to proceed against other persons appearing to be guilty of offence? Section 318 and 319 of Code of Criminal Procedure 1973

 

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