Power to direct tender of pardon
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Summary
After a case is committed for trial but before judgment, the court may offer a pardon to anyone believed to have been directly or indirectly involved in, or privy to, the offence in order to obtain their evidence at trial. The pardon is tendered on a condition, so the person may be excused from prosecution if they fulfil that condition (for example, by giving truthful evidence).
Example
Priya is accused along with two others and the case is committed for trial. Before judgment the court offers a pardon to one co-accused to secure his testimony. If he gives the evidence required by the court, he may be pardoned on that condition and not prosecuted further for the offence.
Bare Act
Enacted textAt 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.
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