CrPC Section 306
Section 306 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 306 CrPC – Tender of Pardon to Accomplice
Objective:
This section empowers certain courts and magistrates to tender pardon to a person who is supposed to be involved in an offence, on the condition that they fully disclose all facts related to the offence and others involved in it.
Text of Section 306(1):
A Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and a Magistrate of the first class inquiring into or trying the offence, may tender a pardon to a person supposed to have been directly or indirectly concerned in, or privy to, the offence, on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge.
Conditions & Application:
Applies to offences:
Triable exclusively by the Court of Session, or
Punishable with imprisonment for life or for a term of not less than 7 years.
The pardon is conditional on the person:
Making a full and true disclosure of all facts within their knowledge,
Naming other persons involved in the offence.
This provision is commonly used to turn an accomplice into an approver (a witness for the prosecution).
Sub-sections (2) to (4) – Additional Provisions:
(2): After accepting the pardon, the Magistrate must record the statement of the person and forward the case to the competent court.
(3): If the person does not comply with the conditions (i.e., gives false evidence or conceals facts), they can be tried for the offence they were pardoned for.
(4): The person cannot be tried jointly with the accused whose information they provided.
✅ Key Takeaways:
Used to strengthen the prosecution by getting inside information from a co-accused.
Often invoked in serious and complex criminal cases, like terrorism, organized crime, or conspiracy.
Protects the public interest by enabling the state to gather crucial evidence.
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