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Summary on the Necessity of Prosecution Certificate for Trial in Violations of Pardon Conditions
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Prosecution Certificate as a Condition for Trial
Several sources emphasize that a prosecution certificate confirming compliance with pardon conditions is necessary before proceeding with trial against an approver or pardon recipient. For instance, Source 02000026236 and 02000026238 highlight that courts require a certification from the prosecution or the Special Public Prosecutor verifying whether the pardon conditions, such as truthful disclosure and support for prosecution, have been fulfilled. Without this certificate, initiating or continuing trial may be challenged or deemed improper. -
Conditions of Pardon and Compliance
The conditions typically include full disclosure of facts, truthfulness, and supporting prosecution, as outlined in Sources 02000026236, 02000026238, and 00500030076. If these conditions are violated, the court may cancel or revoke the pardon, but such revocation must be supported by proper certification and procedural adherence. -
Role of Certification and Recording
Several sources, notably 01100122169 and 01100066492, stress that a certificate of compliance must be recorded before or during trial proceedings. This certification acts as evidence that the pardon conditions have been met, and it is essential before any revocation or further legal action. The court's reasoning is that candour and full disclosure are central to the pardon process, and certification ensures these are verified. -
Legal Implications of Non-Compliance
Failure to produce a prosecution certificate or violation of pardon conditions can lead to the reversion of the pardon recipient to an accused status, as noted in 00500030076 and 02000026238. This reversion entails additional liabilities, including the risk of prosecution for false evidence or breach of pardon terms. -
Judicial Practice and Precedents
Courts consistently require a formal certificate verifying compliance with pardon conditions, especially when considering revocation or continuing prosecution, as seen in 02000025686 and 01500034420. This procedural safeguard ensures fairness and adherence to legal standards.
Analysis and Conclusion
A Prosecution Certificate confirming that the pardon conditions—such as full disclosure, support for prosecution, and candour—have been satisfied is indispensable for initiating or continuing trial proceedings against a pardon recipient. Courts mandate this certification to uphold the integrity of the pardon process, prevent abuse, and ensure that legal and procedural standards are maintained. Without such a certificate, proceedings risk being invalid or subject to challenge, underscoring its crucial role in the legal framework governing pardons and approvers.
References:
- Md. Sayeed @ Dr. Md. Sayeed VS Union of India through CBI - Jharkhand, Shiv Kumar Patwari VS Union of India through C. B. I. - Jharkhand, Md. Sayeed @ Dr. Md. Sayeed VS Union of India through CBI. - Jharkhand, Directorate of Enforcement vs Rajiv Saxena - Delhi, Directorate of Enforcement VS Rajiv Saxena - Crimes, Directorate Of Enforcement VS Rajiv Saxena - Delhi, Abdul Razak @ Abu Ahmed, S/o. K. P. Ahmed Kunji VS Union of India - Crimes, Md Sayeed @ Md Sayeed VS Union Of India Through C B I - Jharkhand, Saidevan Thampi VS State of Kerala represented by The Public Prosecutor High Court of Kerala - Kerala, Amit Chakraborty vs State NCT Of Delhi - Delhi
Search Results for "Prosecution Certificate is Necessary for Trial for Violtion of Condition of Pardon of Tendered"
2019 0 Supreme(Jhk) 1297 • India - Jharkhand
APARESH KUMAR SINGH
witnesses in compliance of the condition of pardon granted - Appeal against Conviction - Two petitions common order passed in R.C ... Section 132(1) – Criminal Procedure Code,1973 - Sections 306, 307, 306, 195 or 340, 164, to 308 - Truthful and complete disclosure - Prosecution ... Pat by learned Court of Additional Judicial Commissioner – Cum Special Judge-VII under challenge whereby order granting pardon to ... of the offence and the prosecution had got no objection if he was tendered#HL_END....
2019 0 Supreme(Jhk) 877 • India - Jharkhand
APARESH KUMAR SINGH
granted to petitioners - None of the ingredients necessary for exercise of the under Section stood fulfilled or satisfied - Learned ... Constitution of India, 1950 - Article 20 - Criminal Procedure Code, 1973 - Section 306 - Evidence Act - Section 132 - Order cancelling pardon ... granted to him earlier be not cancelled - After submission of reply to show cause order cancelling pardon passed during pendency ... of the offence and the prosecution had got no objection if he was tendered pardon#H....
• India - Delhi High Court
C.HARI SHANKAR
... ... Issues: Proper procedure for granting and revoking pardon under the Cr PC was examined, along with the condition of making ... ... ... (B) The court provided that a certificate for revocation of pardon must necessarily follow the recording of the approver's ... The examination of the approver must occur before a trial and is crucial before any revocation of pardon can be considered (Paras ... If, therefore, pardon is tendered on #HL_START....
2019 0 Supreme(Jhk) 1299 • India - Jharkhand
APARESH KUMAR SINGH
Case vide its judgment - It is also submitted on behalf of these petitioners neither have they violated condition of pardon during ... their deposition as prosecution witnesses in instant trial nor any certification to effect has been given by learned Special Public ... Court on different dates without objection of C.B.I - Petitioners have deposed on behalf of C.B.I in support of prosecution learned ... He was granted pardon on the same condition that he will support ....
• India - Crimes
C.HARI SHANKAR
has been tendered, is to examine whether he is conforming to conditions of pardon or not – Tendering of pardon, to an accomplice ... of pardon – Any such plea, if advanced by approver-turned- accused, would shift onus to prosecution, to prove infraction, by approver-turned-accused ... is empowered to so certify, in which case approver becomes an accused in respect of offence for which pardon had been tendered to ... If, therefore, pardon#HL....
2020 0 Supreme(Del) 637 • India - Delhi
C.HARI SHANKAR
The Court reasoned that the condition of pardon is candour before the court, and not candour before the investigating officer. ... to certify that the approver has not complied with the conditions of the pardon. 2. ... statement recorded under Section 306(4) or any other evidence adduced by the approver during the trial, as the certificate is intended ... If, therefore, pardon is tendered on condition of being forthright before the ....
• India - Crimes
K.VINOD CHANDRAN, ZIYAD RAHMAN A.A.
back to status of an accused and would incur additional liability of a prosecution for giving false evidence; on a certificate to ... , deposes against prosecution in violation of obligation incurred under Section 306, he would cease to be a witness and he will revert ... , as a witness in tune with conditions imposed upon him by Section 306 – In case, a person who was granted pardon under said provisions ... As a necessary corollary, once the pardon....
2019 0 Supreme(Jhk) 1611 • India - Jharkhand
APARESH KUMAR SINGH
got no objection if he was tendered pardon - Trial Court in case of both petitioners imposed condition they will abide by statements ... granted to him - Commission of offence - Truthful and complete disclosure - Prosecution had no objection for tendering him pardon ... made in case earlier in Court and when ever needed, they will support prosecution case - These deposed in favour of prosecution ... of the offence and the prosecution#HL_END....
2013 0 Supreme(Ker) 584 • India - Kerala
P.BHAVADASAN
Criminal Procedure Code, 1973 - Sections 482 & 306( 4)(b) - Quash of Criminal proceedings - Order of detention - Detenue on Bail and tendered ... pardon - Held, even though an accused is granted bail, he is not able to execute the bond and therefore he has to remain in custody ... - If in such a case, for one portion of the incident, a person is granted pardon and if he is already on bail, he can continue to ... It also held that examination of a person to whom pardon is tendered is not a cond....
2024 Supreme(Online)(DEL) 11671 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Pardon was granted for him to assist the prosecution and become an approver. ... (Paras 29, 31) ... ... (B) Pardon - Nature and conditions for approver - Pardon granted subject ... to compliance with conditions and full disclosure of truth - Petitioner's medical condition and age considered justified release ... The petitioner shall comply with all the conditions on which pardon was tendered to him;ii. The petiti....
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