Section 306 CrPC: Tender of Pardon to Accomplice – Code of Criminal Procedure

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Section 306 CrPC: Tender of Pardon to Accomplice – Code of Criminal Procedure

1. State the code

Section 306 of the Code of Criminal Procedure, 1973 (CrPC) deals with the tender of pardon to an accomplice in a crime.

2. Explain it

This section empowers the court to offer pardon to an accomplice in exchange for their testimony against the principal offender(s). The pardon can be a full pardon (absolution from all criminal liability) or a conditional pardon (where the accomplice may be granted immunity from prosecution for the specific offense but may still be liable for other offenses).

The purpose of this section is to:

  • Obtain credible evidence: By offering a pardon, the court can incentivize an accomplice to provide truthful information about the crime and the other involved parties.
  • Secure a conviction: The accomplice’s testimony can be crucial in proving the guilt of the principal offender(s).
  • Promote justice: By allowing the accomplice to escape punishment for their role in the crime, the court can ensure that the principal offender(s) are held accountable.

3. Illustrate it

Imagine a case where A, B, and C plan and execute a robbery. A and B are apprehended, but C manages to escape. The court can offer a pardon to B in exchange for their testimony against A and C. If B accepts the pardon and provides valuable information leading to A’s conviction, B may be granted immunity from prosecution for the robbery.

4. Common Questions and Answers

Q: Who can tender a pardon?

A: The court can tender a pardon to an accomplice under Section 306 CrPC.

Q: Can an accomplice be pardoned without their consent?

Also Read  Section 161 CrPC: Examination of Witnesses by Police in India

A: No, the pardon must be accepted by the accomplice. They can choose to reject the pardon and face prosecution.

Q: What conditions can be attached to a conditional pardon?

A: The court can impose various conditions on a conditional pardon, such as cooperating with the investigation, providing truthful testimony, or serving a specific sentence for a lesser offense.

Q: What happens if an accomplice provides false information after accepting the pardon?

A: If the court finds that the accomplice has provided false information, the pardon can be revoked, and they can be prosecuted for the original offense and any other relevant offenses.

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