TENDER OF PARDON TO AN ACCOMPLICE 1. Discuss in detail the law relating to tender of pardon to an accomplice. 2. Write a note on tender of pardon. State when it can be tendered and by whom. 3. Who is an approver? By whom and on what conditions pardon can be granted to an accused? Discuss in detail with reference to law. 4. Who can grant pardon to a person accused of an offence and under what conditions? Is there any better placed by law on the exercise of powers to grant pardon? What are the conditions to release a person to whom pardon is granted? INTRODUCTION MEANING OF ACCOMPLICE AND APPROVER i- ACCOMPLICE ii- APPROVER RELEVANT PROVISIONS Sections 337 to 339 Cr.P.C Cross Reference Article 16 and 129(b) of Q.S.O 1984 LAW REGARDING TENDERING OF PARDON TO AN ACCOMPLICE An accomplice may be granted pardon either; i- During investigation, inquiry or trial under section 337 ii- During trial under section 338 TENDERING OF PARDON DURING INVESTIGATION INQUIRY OR TRIAL UNDER SECTION 337 I- AUTHORITY EMPOWERED TO GRANT PARDON II- STAGE WHEN PARDON MAY BE GRANTED III- ESSENTIALS TO GRANT PARDON Following are the essential requirements to grant pardon to an accomplice; i) Investigation, inquiry or trial must be in progress ii) Investigation, inquiry or trial in respect of offences mentioned in section 337 iii) Guilt of the accused not otherwise proved iv) Accomplice in willing to make statement IV- PROCEDURE IN TENDERING PARDON Following procedure shall be followed in tendering pardon to an accomplice; i) Directly by office in-charge of procedure ii) Recording of reasons for tendering pardon iii) Pardon must be granted in writing V- WHEN PARDON BECOMES EFFECTIVE VI- PERSON TO WHOM PARDON CANNOT BE TENDERED VII- EXAMINATION OF APPROVER VIII- DETENTION OF APPROVER IN CUSTODY TENDERING OF PARDON DURING TRIAL UNDER SECTION 338 I- AUTHORITY EMPOWERED TO GRANT PARDON Following authorities can grant pardon to an accomplice; i) High Court which trying case ii) Session Court which trying the case iii) Officer in-charge of prosecution in the District. II- STAGE WHEN PARDON MAY BE GRANTED III- ESSENTIALS TO GRANT PARDON Following are the essential requirements to grant pardon to an accomplice; (i) Trial must be in progress (ii) Guilt of accused not otherwise proved (iii) Accomplice is willing to make statement IV- PERSON TO WHOM PARDON CANNOT BE TENDERED VALUE OF EVIDENCE OF ACCOMPLICE EVIDENCE OF ACCOMPLICE INADMISSIBLE IN HUDOOD CASES TRIAL OF PERSON TO WHOM PARDON HAS BEEN TENDERED UNDER SECTION 339 I- SEPARATE TRIAL FOR APPROVER II- PLEA OF PARDON BY APPROVER The court shall ask the approver before take evidence of the prosecution, whether he pleads that he has concealed with the conditions on which the tender of pardon was made and if the approver takes such plea the court will adopt the following procedure. i) Record the plea and proceed with the trial ii) Find whether or not the accused has complied with the conditions of the pardon. iii) The statement made by an approver may be given in evidence against him. iv) That finding must be made before judgment is passed in the case. v) If it is found that he has so complied, the court shall pass judgment of acquittal. VALIDITY OF SECTIONS 337 TO 339-A P.L.D 1991 FSC 139
Posted on: Sun, 05 Oct 2014 11:32:32 +0000
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