Approver
Dr V. Nageswara Rao
(Querist) 13 January 2011
This query is : Resolved
Can a "person" be tendered pardon under S. 306 even though he is not formally an "accused" in the sense of charge-sheeting him? Or will S. 306 apply only if the accomplice is not a mere suspect but also an accused person? Is there a Court decision on this? I am a professor of law and this is an academic question and not case-related.
Advocate. Arunagiri
(Expert) 13 January 2011
Professor, I am enclosing a decision of SC which analyzed the s.306 cr.p.c. in detail.
Ajay Bansal
(Expert) 13 January 2011
As per section 321 Cr.P.C., any offence included setion 302 or 306 can be pardoned by the state.As far as judgements of supreme court are concerned, there are citations of both side.You please tell full facts of case, then concerned judgement will be sent to you.
N.K.Assumi
(Expert) 13 January 2011
Accomplice means a cooperator.
Accomplice means an associate in the commission of a crime; a participator in an offense, whether a principal or an accessory.A person who joins with another in carrying out some illegal plan. As such unless the person is an accused in any of the above definition he can not be given the benefit of 306.Refer also the case of State of Punjab vs H.G.Khotari AIR 1960 SC 360.If he is not an accused nor he is figured in the Charge sheet, how can he be given the benefit of 306 CrPc by the Court.
Dr V. Nageswara Rao
(Querist) 13 January 2011
I am aware of who is an accomplice etc and it does not look logical that a person who is not an accused can be tendered pardon. But S. 306 does not say that an "accused" can be tendered pardon. It says "any person supposed to have been directly or indirectly concerned in or privy to an offence." He may be an accomplice and "supposed to have been" involved in a crime, but can he be tendered pardon before he was charge-sheeted?
De. V. Nageswara Rao
Amit Minocha
(Expert) 14 January 2011
Agree with Dr Rao but unless charge sheet is presented, who has the authority to pardon, Police ?
Dr V. Nageswara Rao
(Querist) 15 January 2011
Amit, thank you. Obviously it is the magistrate who is empowered under S. 306 to tender pardon. He has no power to pardon right away. He will only "tender" or offer pardon under certain conditions and if the "person" accepts the conditionsm then he will be pardoned. In that acceotance, the person will admit to his role pnd agree to provide all the information he has about the crime truthfully. If he does not keep his promise and tries to double cross, the pardon will be withdrawn.
