Section 307 CrPC: Power to Direct Tender of Pardon – Code of Criminal Procedure
1. Code:
Section 307 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the court to direct the tender of a pardon to an accomplice in a crime.
2. Explanation:
This section empowers a court to direct the tender of a pardon to an accomplice in a crime, in exchange for their testimony against the principal offender(s). The objective is to facilitate the prosecution of the main perpetrators by obtaining crucial evidence from the accomplice, who might otherwise be reluctant to testify due to their own involvement in the crime.
3. Illustration:
Imagine a scenario where two individuals, A and B, are involved in a robbery. A is the mastermind, while B is the accomplice who carried out the physical act. If B is apprehended, he might be hesitant to testify against A, fearing prosecution for his own role in the crime. Under Section 307, the court can offer B a pardon in exchange for his testimony against A, thereby ensuring that justice is served and A is held accountable for the crime.
4. Common Questions and Answers:
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Q: Who can direct the tender of a pardon?
A: A court conducting a criminal trial has the authority to direct the tender of a pardon to an accomplice.
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Q: What are the conditions for a pardon to be granted?
A: The court must be satisfied that the accomplice’s testimony is essential for the prosecution’s case and that the accomplice is likely to provide truthful information. The court also considers the gravity of the crime and the role of the accomplice.
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Q: What are the consequences of accepting a pardon?
A: By accepting the pardon, the accomplice agrees to testify truthfully against the principal offender(s). They may be absolved from prosecution for their own involvement in the crime, but this is not guaranteed.
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Q: Can the pardon be revoked?
A: Yes, the pardon can be revoked if the court determines that the accomplice provided false or misleading testimony or failed to fulfill their obligation to testify.
