TENDER OF PARDON TO AN ACCOMPLICE


TENDER OF PARDON TO AN ACCOMPLICE
  1. Ä  Discuss in detail the law relating to tender of pardon to an accomplice.
  2. Ä  Write a note on tender of pardon. State when it can be tendered and by whom.
  3. Ä  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. Ä  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

CONCLUSION

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