Tender of pardon to accomplice
AI Assist
Summary
Magistrates may offer a pardon to a person believed involved in a serious offence if that person fully and truthfully discloses all facts and other persons concerned. It applies to offences triable by the Court of Session or a Special Judge, or offences punishable with imprisonment of seven years or more. If accepted the magistrate must record reasons and acceptance; the person will be examined as a witness, may be detained until trial, and the case will be committed or transferred for trial.
Example
Ravi helped plan a burglary and police believe he can name the others involved. The Chief Judicial Magistrate offers him a pardon if he fully discloses everyone concerned. If Ravi accepts, he will be examined as a witness and may be kept in custody until trial; the magistrate will commit the case to the appropriate court for trial.
Bare Act
Enacted text(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 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 a 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 principal or abettor, in the commission thereof.
(2) This section applies to-
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(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force;
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(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-
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(a) his reasons for so doing;
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(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)-
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(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;
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(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 any other law for the time being in force, 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.
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