Sections 306 and 307 CrPC: Tender of Pardon to Accomplice
Sections 306 and 307 of the Code of Criminal Procedure, 1973 deal with the grant of pardon to a person believed to have been directly or indirectly concerned in, or privy to, an offence. The object is to obtain a full and truthful disclosure that may assist the prosecution in proving the offence and the involvement of other persons.
What is tender of pardon to an accomplice?
A tender of pardon is a conditional pardon offered to a person supposed to have participated in or been privy to an offence, so that the person may give evidence. The essential condition under Section 306 is a full and true disclosure of all circumstances within that person's knowledge relating to the offence and every other person concerned in its commission, whether as principal or abettor.
Section 306 CrPC - Tender of pardon to accomplice
Who may tender pardon?
Under Section 306(1), the Chief Judicial Magistrate or a Metropolitan Magistrate may tender pardon at any stage of investigation, inquiry or trial. A Magistrate of the first class inquiring into or trying the offence may do so at any stage of the inquiry or trial.
Offences to which Section 306 applies
Section 306(2) covers an offence triable exclusively by the Court of Session or by a Special Judge appointed under the Criminal Law Amendment Act, 1952, and an offence punishable with imprisonment which may extend to seven years or with a more severe sentence.
Reasons and acceptance must be recorded
Under Section 306(3), the Magistrate must record the reasons for tendering pardon and whether the person accepted it. On an application by the accused, a copy of that record is to be furnished free of cost.
Examination and custody of the person accepting pardon
Section 306(4) requires the person accepting pardon to be examined as a witness before the Magistrate taking cognizance and at the subsequent trial, if any. Unless already on bail, the person is to be detained in custody until termination of the trial.
Procedure after acceptance of pardon
Section 306(5) provides that after the person accepting pardon has been examined under sub-section (4), the Magistrate taking cognizance proceeds without further inquiry as prescribed by that sub-section, including commitment or making over of the case to the competent court according to the nature of the offence and the court concerned.
Section 307 CrPC - Power to direct tender of pardon
Section 307 operates after commitment of the case. At any time after commitment but before judgment, the court to which the case is committed may tender pardon to a person supposed to have been directly or indirectly concerned in, or privy to, the offence. The purpose remains obtaining that person's evidence at trial, and the pardon is subject to the same condition of full and true disclosure.
Difference between Sections 306 and 307 CrPC
The principal distinction is the procedural stage and the authority exercising the power. Section 306 authorises specified Magistrates to tender pardon during the stages stated in that section, including investigation, inquiry or trial as applicable. Section 307 concerns the period after commitment of the case and before judgment, when the court to which the case has been committed may tender the pardon.
Key legal requirements
- The person must be supposed to have been directly or indirectly concerned in, or privy to, the relevant offence.
- The pardon is conditional, not unconditional.
- The person must make a full and true disclosure concerning the offence and other persons involved.
- For a pardon under Section 306, the Magistrate must record the reasons and whether the offer was accepted.
- A person accepting pardon under Section 306 must be examined in accordance with Section 306(4).
- Section 307 applies only after commitment and before judgment.
Why these provisions matter
Sections 306 and 307 provide a statutory mechanism for obtaining evidence from a participant or person privy to an offence when that evidence may assist the court in determining the role of those involved. Because the pardon depends upon truthful and complete disclosure, failure to comply with its conditions may attract the consequences provided elsewhere in the CrPC, including Section 308.
Note: The exact procedure and legal consequences depend on the stage of the criminal case, the offence involved and the applicable statutory regime. For proceedings arising after the new criminal procedure law came into force, the corresponding BNSS provisions should be checked separately.