Section-337(Tender of pardon to accomplice) of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Tender of
pardon to accomplice
337.(1) In the case of any offence triable exclusively
by the Court of Session, or any offence punishable with
imprisonment which may extend to ten years, or any offence punishable under
section 211 of the Penal Code, with imprisonment which may extend to seven
years, or any offence under any of the following sections of the Penal Code,
namely, sections 216A, 369, 401, 435 and 477A, a Metropolitan Magistrate
or any Magistrate of the first class may, at any state of the investigation or
inquiry into, or the trial of the offence, with a view to obtaining the
evidence of any person supposed to have directly or indirectly concerned in or
privy to the offence, tender a pardon to such person on condition of his making
a full and true disclosure of the whole of the circumstances within his
knowledge relative to the offence and to every other person concerned, whether
as principal or abettor, in the commission thereof:
Provided that, where the offence is under inquiry or
trial, no Magistrate of the first class other than the Chief Judicial
Magistrate shall] exercise the power hereby conferred unless he is the
Magistrate making the inquiry or holding the trial, and, where the offence is
under investigation, no such Magistrate shall exercise the said power unless he
is a Magistrate having jurisdiction in a place where the offence might be
inquired into or tried and the sanction of the Chief Judicial Magistrate
has been obtained to the exercise thereof.
(1A) Every Magistrate who tenders a pardon under
sub-section (1) shall record his reasons for so doing, and shall, on
application made by the accused, furnish him with a copy of such record:
Provided that the accused shall pay for the same unless
the Magistrate for some special reason thinks fit to furnish it free of cost.
(2) Every person accepting a tender under this section
shall be examined as a witness in the Court of the Magistrate taking cognizance
of the offence and in the subsequent trial, if any.
(2A) In every case where a person has accepted a tender
of pardon and has been examined under sub-section (2), the Magistrate before
whom the proceedings are pending shall, if he is satisfied that there are
reasonable grounds for believing that the accused is guilty of an offence, send
him for trial to the Court of Session.
(3) Such persons, unless he is already on bail, shall be detained in custody until the termination of the trial.
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