GRANT OF PARDON UNDER CODE OF CRIMINAL PROCEDURE, 1973
π What is "Pardon" under CrPC?
Under Indian criminal law, a pardon is a legal act where an accused is forgiven for the crime, usually on the condition that they testify against other accused persons. It is a tool used to break the chain of conspiracy or organized crime, especially in complex cases involving multiple offenders.
π Legal Provisions: CrPC Sections 306 & 307
βοΈ Section 306 β Tender of Pardon to Accomplice (Before Committal)
This section empowers certain courts to tender a pardon to an accused on the condition that they will:
"Make a full and true disclosure of the whole circumstances within their knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof."
β Who can grant it:
Chief Judicial Magistrate or Metropolitan Magistrate
For offences that are:
Triable exclusively by a Court of Session, or
Punishable with imprisonment for life or death
βοΈ Section 307 β Pardon After Committal
After a case is committed to the Sessions Court, the Court to which the commitment is made may tender a pardon under the same terms.
π Purpose of Granting Pardon
Uncover truth in criminal conspiracies or organized crimes.
Weaken criminal networks by encouraging insiders to testify.
Secure conviction when direct evidence is lacking.
Break silence in cases where co-accused refuse to testify.
π§ββοΈ Procedure for Granting Pardon
Application or Motion: The public prosecutor or investigating agency requests the court to grant pardon to a particular accused.
Judicial Consideration: The Magistrate or Court evaluates:
The necessity of the pardon,
The role of the accused,
The seriousness of the offence.
Acceptance by the Accused: The accused must voluntarily accept the offer and agree to testify fully and truthfully.
Recording Statement: A detailed statement is recorded under Section 164 CrPC.
Pardon Granted: If satisfied, the Magistrate or Court grants the pardon.
π Conditions of Pardon
The person who is pardoned (often referred to as an "approver") must:
Make a full and true disclosure,
Disclose the role of all co-conspirators or abettors,
Testify truthfully during trial.
Failure to comply with these conditions may lead to prosecution under the original charge.
βοΈ Revocation of Pardon (Section 308 CrPC)
If the court believes that the approver has not complied with the conditions of the pardon (e.g., by hiding facts or giving false evidence), then:
The pardon may be revoked, and
The person can be tried for the original offence, as well as for giving false evidence under Section 193 IPC.
π§ββοΈ Important Case Law
π Sardul Singh Caveeshar v. State of Bombay (1957)
Principle: The Supreme Court held that pardon is not a right, but a matter of judicial discretion. It is granted to serve public interest β namely, to secure justice in cases where others would escape punishment.
π State v. Jagjit Singh (1989)
Principle: The Court emphasized that an approver must give complete and truthful disclosure. If the testimony is found to be dishonest or incomplete, the pardon can be revoked, and the approver can be prosecuted.
π Kiran Bedi v. Committee of Inquiry (1989)
Principle: While discussing administrative pardons, the Court reiterated that granting of pardon must be exercised judiciously and not arbitrarily.
π Ratan Lal v. State of Punjab (1965)
Principle: The Court held that evidence of an approver must be corroborated. Though legally admissible, it is inherently weak and requires material corroboration to convict others.
βοΈ Evidentiary Value of an Approverβs Testimony
The testimony of a pardoned accused is admissible but is treated with great caution.
Indian courts follow the rule of prudence that says the approverβs evidence should be corroborated in material particulars.
β Limitations & Safeguards
Pardon cannot be granted if the accused refuses to accept conditions.
It cannot be used as a tool to harass or trap the accused.
Courts are expected to record reasons while granting pardon.
Misuse can be challenged under Article 226 (judicial review of administrative/judicial actions).
β Summary
| Provision | Description |
|---|---|
| Section 306 CrPC | Pardon before committal β by Magistrate |
| Section 307 CrPC | Pardon after committal β by Sessions Court |
| Purpose | To gather evidence, break criminal networks |
| Conditions | Full and true disclosure, truthful testimony |
| Revocation | Under Section 308 if conditions are breached |
| Evidentiary value | Weak unless corroborated |
| Judicial Control | Must be exercised cautiously, with recorded reasons |
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