Tender of Pardon | Code Of Criminal Procedure

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Section 306 of the code of criminal procedure talks about tendering pardon to an accomplice who has turned into an approver. The accused who are tried together in court are called accused and co-accused. Those who commit offence together are called an accomplice.

Under section 306 of code pf criminal procedure chief judicial magistrate, the metropolitan magistrate can grant pardon at any time during investigation, inquiry, or trial and magistrate of first-class can grant pardon during inquiry or trial. 

 

Matter

On matter triable exclusively by a court of session pr by a court of special judge and matter punishable upto 7years or more. 

 

Condition

Such approver must disclose full and whole circumstances which is within the knowledge related to the offence and all the person to the offence so concerned. 

 

Procedure

The magistrate who tenders pardon shall record him the reason for doing so whether tender of pardon was accepted not accepted by the person to whom it is made and such magistrate shall give a copy to the accused. Every person accepting pardon shall be examined as a witness in the court of s magistrate taking cognizance.

It means he will be cross-examined and if given false statements as a witness shall be punishable under section 132 Indian evidence act. Such approver shall not be liable to take the defense of Article 20(3) of the constitution of India.

 

 

 

 

 

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