Tendering Pardon to an Accomplice
8 years, 9 months ago

Tendering Pardon to an Accomplice

Live Law  

The complex process of tendering pardon to an approver continues to baffle the Bench and the Bar alike. empowers the Court to which the case is committed, to tender pardon to an approver on the same condition as is stipulated in Section 306 Cr.P.C. But the CJM cannot tender pardon to an accomplice during the stage of trial before the Special Judge although Section 306 Cr.P.C would seem to indicate otherwise. If the CJM/MM is the trial Court and the case is at the stage of investigation, then the tendering of pardon under Section 306 Cr.P.C., recording of finding under Section 306 Cr.P.C. Even the CJM or MM who can tender pardon to an accomplice at the stage investigation of a case triable by the Special Judge, cannot take cognizance of the offence under the P.C Act, much less, examine the approver under Section 306 Cr.P.C.

Kerala Trial Court Maharashtra False Evidence Bar Case State Section 306 306 Accused Sec Bench Narayan Those Cases This Stage Magistrate Sessions Cjm Approver This Section Section 5 No Right Jagjit Singh Sessions Judge Vide Special Judge No Question Such Person Klt Section 308 Ilr That Stage Supp His Examination Jfcm That Court Section 306 Cr Section 164 Cr 8 Scc Which Case Accomplice Sections 306 Tendering Pardon Section 307 Cr 11 Scc Narayan Chetanram Chaudhary Vide State Which Pardon Under Section 306 Surinder Mohan Suresh Chandra Bahri Mandatory Examination 1988 Cri Lj Delhi Admn Such Trial Vide Sec  approver  306  tendering  pardon  accomplice  trial  tender  court  accused  crpc  case  magistrate

History of this topic

Section 306(4) CrPC Allows Approver's Bail Before Trial Completion on Meeting Pardon Conditions
1 year, 4 months ago

Section 306(4) CrPC Allows Approver's Bail Before Trial Completion on Meeting Pardon Conditions

Live Law  

An approver who has complied with all conditions of pardon and deposed as a witness in the prosecution's favor need not remain incarcerated till the end of the trial and would be entitled to bail, especially in case of a protracted trial, the Bombay High Court held. “In my opinion, now that the applicant has complied with the conditions and …

Mandatory For Magistrate To Examine Approver Before Committal Of Case: Kerala High Court
1 year, 7 months ago

Mandatory For Magistrate To Examine Approver Before Committal Of Case: Kerala High Court

Live Law  

The Kerala High Court recently held that it is mandatory for the Magistrate to examine an accused who was tendered pardon under section 306 of CrPC, prior to committing the case to the Sessions Court. Without examining the approver as a witness, the Magistrate Court deleted the name of the approver from the array of the accused and committed the …

Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice
2 years, 11 months ago

Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice

Live Law  

INTRODUCTION India has been the victim of large scale cross-border terrorism B. N.I.A Courts are Courts of Session 2. Thus, in a case where pardon has been tendered by the CJM/MM to an accomplice in a case triable by the Special Court under the P.C Act during the stage of investigation, the police have to file the charge sheet before …

Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The NIA Act, 2008
3 years, 2 months ago

Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The NIA Act, 2008

Live Law  

Many a time, grave and heinous crimes are committed in such a manner that no clue or trace, much less, any eye-witness evidence may be available for the detection of such crimes. Act, no doubt, gives the N.I.A Special Court the power to take cognizance of the offence without a committal under Section 193 Cr.P.C. In view of Section 4 …

Magistrate can grant tender of pardon in respect of cases triable by Special Judge under Prevention of Corruption Act; SC [Read Judgment]
8 years, 10 months ago

Magistrate can grant tender of pardon in respect of cases triable by Special Judge under Prevention of Corruption Act; SC [Read Judgment]

Live Law  

Supreme Court has held that State Through CBI, Chennai Vs. V. Arul Kumar has held that a Magistrate is duly empowered to grant tender of pardon even in respect of the cases which are triable by the Session Court or by the Special Judge for the offences under Prevention of Corruption Act.Setting aside the Judgment of the High Court which …

Magistrate can grant tender of pardon in respect of cases triable by Special Judge under Prevention of Corruption Act; SC [Read Judgment]
8 years, 10 months ago

Magistrate can grant tender of pardon in respect of cases triable by Special Judge under Prevention of Corruption Act; SC [Read Judgment]

Live Law  

Supreme Court has held that State Through CBI, Chennai Vs. V. Arul Kumar has held that a Magistrate is duly empowered to grant tender of pardon even in respect of the cases which are triable by the Session Court or by the Special Judge for the offences under Prevention of Corruption Act.Setting aside the Judgment of the High Court which …

Discover Related