Tender of pardon under section 306 crpc

by

My  younger brother is prosecuted for the offence of robbery by Banglore police. Actually offence is committed by his friends and he was bounded by his friends to take participation in the commencement of offence. At the stage of investigation police offered him to convert in government witness. He accepted that offer and file application before trial court. But unfortunately his application has been rejected by the court. Is there any legal provision to file appeal ?

Question from - Criminal Law

A co-accused cannot be tendered pardon under section 306 crpc if he was not involved in the crime as a active offender. The object behind tendering pardon to one of the co-accused is to obtain all the evidence regarding commencement of offence if prosecution lacks sufficient evidence to guilt of the accused. So the accused seeks pardon must prove before the court that he took part in the commission of offence as a active member. He knows all the facts and circumstances of the case and he could be a worthy witness for the prosecution.

When application for tendering pardon is filed by one of the accused without taking permission of the prosecution it shall not be entertained by the court.

In Lt. Commander  vs State of Maharashtra AIR 1968 SC it is held by the Supreme Court of India that if application is filed by the accused for tendering pardon it should be forwarded by the court to the prosecuting agency for its comments/opinion. Court should not pass order without opinion of the prosecution. If prosecution is agreed and also seek pardon of the co accused then court shall decide his application.

In A. Devendran vs State of Tamilnadu AIR 1998 SC it is held by the court that accused must be worthy for the prosecution and prosecution should be in a condition that rest of the accused cannot be punished without testimony of any one of the co-accused.

Decision of the court to dismissed your brother’s application for tendering of pardon under section 306 is correct. You cannot get any relief in appeal or revision because :

  • Prosecution did not give its opinion regarding pardon.
  • He is not an active member in commission of offence.
  • He also does not know all the facts of the offence.
  • He is not a worthy witness for the prosecution.
  • He just wants immunity from the punishment

Image courtesy : google.com 

Ask A Question

You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)

Section 340 of the code of criminal procedure (CrPC) perjury

Section 340 in The Code of Criminal Procedure, 1973 Procedure in cases mentioned in section 195. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be...

Claim refund of money against the builder under RERA

Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.

Section 154 the code of criminal procedure (crpc)

Section 154 CrPC: Information in cognizable cases (FIR) (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to a Lawyer Today!

Book a phone consultation for 30 minutes and get solid advice on the phone

Contact a lawyer in Lucknow

30 Min. Consultation

Subscribe

Join Our Newsletter

Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts

Share via