CrPC Pardon Procedure After Case Committal and Evidence Recording

In criminal trials under the Code of Criminal Procedure (CrPC), the tender of pardon to an accused—turning them into an approver—can be a pivotal strategy for the prosecution. But what happens when this occurs after committal of the case to the Court of Session and after recording evidence from a few witnesses? The question arises: What is the Procedure for Granting Pardon after Committal of Case and after Recording of Evidence of few Witnesses?

This blog post explores the legal framework, procedural nuances, and critical safeguards, drawing from key judicial interpretations. Note that this is general information based on established precedents and should not be considered specific legal advice—consult a qualified lawyer for your situation.

Legal Framework for Tender of Pardon under CrPC

Sections 306 and 307 of the CrPC empower authorities to tender pardon to an accused in exchange for full disclosure to aid prosecution of co-accused. Section 306 applies to Magistrates during inquiry or trial, while Section 307 extends to Sessions Judges or Metropolitan Magistrates.

Key Stages for Tendering Pardon:- During Investigation/Inquiry: Typically early, but permissible later.- After Committal: Under Section 307, the Sessions Judge may tender pardon at any stage before judgment2001 6 Supreme 694.- Post-Evidence Recording: Even after some witnesses, pardon can be granted if it serves justice, though courts exercise caution 2023 0 Supreme(P&H) 225.

As noted, Under Sections 306 and 307, the pardon is tendered during the investigation, enquiry or trial, as the case may be. 2001 6 Supreme 694. This flexibility ensures evidence collection, but it's ordinarily for the prosecution to request it, not the court suo motu 2015 0 Supreme(Mad) 3361 2008 0 Supreme(Bom) 99 2004 0 Supreme(Jhk) 579.

Procedure for Granting Pardon Post-Committal

1. Prosecution's Application: The Public Prosecutor moves for pardon, highlighting how the accused's testimony will advance prosecution 2015 0 Supreme(Mad) 3361. The court verifies if prosecution joins the request.

2. Timing After Evidence: Courts have allowed applications during trial proceedings, even if some evidence is recorded, provided sufficient material shows the testimony's value 2023 0 Supreme(P&H) 225. For instance, During the proceedings of trial, the prosecution moved an application for grant of pardon to the petitioner who had not been caught at the spot. 2023 0 Supreme(P&H) 225.

3. Conditions Imposed: Pardon is conditional on full and true disclosure of the offence and accomplices 2023 0 Supreme(Kar) 266. The pardon so tendered is also on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence... 2023 0 Supreme(Kar) 266.

4. Court's Order: If granted, the approver is examined as a witness, and their statement may be tendered in evidence 2023 0 Supreme(Kar) 266.

Mandatory Examination: Post-pardon, the approver must be examined as a prosecution witness to verify compliance, even if they resile 2023 0 Supreme(Ker) 488

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Breach of Pardon Conditions: Trial Under Section 308 CrPC

Once pardoned, the approver is shielded from prosecution unless conditions are breached. Here's where the Public Prosecutor's certificate becomes crucial.

Mandatory Prosecution Certificate

A prosecution certificate from the Public Prosecutor is a necessary prerequisite for trial when an accused violates pardon conditions by wilfully concealing facts or giving false evidence 2010 7 Supreme 226.

It is only when the Public Prosecutor certifies that the approver has not complied with the conditions on which the tender was made by wilfully concealing anything essential or by giving false evidence, he may be tried under Section 308 of the Code of Criminal Procedure. 2010 7 Supreme 226.

Without it:- No trial for breach.- Approver retains protected status.- Any proceedings are illegal2010 7 Supreme 226.

Procedure for Breach Trial:- Public Prosecutor forms opinion on non-compliance.- Issues certificate to court/investigating agency.- Accused tried jointly or separately; entitled to plead compliance, shifting burden to prosecution

Danish Ali Jamaluddin Ahmed VS State of Maharashtra Through DCB CID - Crimes

At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with.

Danish Ali Jamaluddin Ahmed VS State of Maharashtra Through DCB CID - Crimes

Reversion to Accused Status

Upon certification, once the pardon is withdrawn or forfeited on the certificate given by the Public Prosecutor that such person has failed to comply with the condition on which the tender was made, he is reverted to the position of an accused... 2025 0 Supreme(Ker) 1447.

Judicial Precedents Reinforcing the Certificate Requirement

Supreme Court and High Courts consistently uphold this:

• Certificate Essential: In terms of sub section (1) of Section 308 in order to relegate the approver to the position of the accused the public prosecutor must certify that in his opinion the approver has, either by wilfully concealing anything essential or by giving false evidence... Only after such certificate being given... the pardon tendered... can be withdrawn. 2010 7 Supreme 226.

• Absence Invalidates Trial: In the absence of such a certificate, the trial for breach of pardon conditions would be illegal. 2010 7 Supreme 226.

• Prosecution's Role: Courts defer to prosecution on pardon tenders, ensuring it's not judicial overreach 2015 0 Supreme(Mad) 3361 2008 0 Supreme(Bom) 99.

Additional insights: Pardon under special laws (e.g., Prevention of Corruption Act) is deemed under Section 307, mandating approver examination 2025 0 Supreme(Ker) 799.

Additional Considerations and Safeguards

• Approver's Rights: At trial for breach, prosecution proves non-compliance 2023 0 Supreme(Kar) 266

  Danish Ali Jamaluddin Ahmed VS State of Maharashtra Through DCB CID - Crimes

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• Examination Duty: Mandatory post-pardon witness examination verifies conditions 2024 Supreme(Online)(DEL) 11671

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• No Bar on Accused Application: Though prosecution-led, accused may apply, subject to certification 2023 0 Supreme(Del) 925 2024 0 Supreme(MP) 725.

These ensure fairness, preventing arbitrary revocation.

Key Takeaways

• Post-Committal Pardon: Permissible under Section 307 at any trial stage, prosecution-driven.
• Breach Trial: Hinges on Public Prosecutor's certificate under Section 308—mandatory and substantive2010 7 Supreme 226 1988 0 Supreme(SC) 733.
• Safeguards: Approver examination and burden on prosecution protect against misuse.

Understanding these procedures is vital for accused, lawyers, and prosecutors. For tailored advice, seek professional legal counsel.

References:- 2010 7 Supreme 226 1988 0 Supreme(SC) 733 2001 6 Supreme 694 2023 0 Supreme(Kar) 266

Danish Ali Jamaluddin Ahmed VS State of Maharashtra Through DCB CID - Crimes

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