NAME – SHRUTIKA AHIRE

CLASS-TYLLB

ROLL NO- 3301

SUBJECT-CRPC

 WHEN AND BY WHOM TENDER OF PARDON CAN BE GRANTED TO ACCOMPLICE?

*Section 306 of CrPc :Tender of pardon to accomplice .

(1) With a view to obtaining the evidence of any person supposed to have been directly or
indirectly concerned in or privy to an offence to which this section applies,

CJM or a MM at any stage of the investigation or inquiry into,or the trial of,the
offence, &
JMIC at any stage of the inquiry or trial
may tender a pardon to such person (approver) 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

(2) This section applies

a) any offence triable exclusively by the Court of Session or by the Court of a

Special Judge appointed under the Criminal Law Amendment Act,1952;
b) any offence punishable with imprisonment which may extend to 7 years or with a
more severe sentence.

(3) Procedure for granting pardon: Every Magistrate who tenders a pardon under sub-
section (1) shall record-

a) his reasons for so doing;

 b)whether the tender was or was not accepted by such person,and shall,on application
made by the accused,furnish him with a copy of such record of cost.

(4) Every person accepting a tender of pardon made under sub-section(1)-

a) shall be examined as a witness in the Court of the Magistrate taking cognizance

of the offence and in the subsequent trial,if any;
b) shall,unless he is already on bail, be detained in custody until the termination of
the trial.

(5) Where a person has accepted a tender of pardon made under sub section(1) and has been
examined under sub-section (4), the Magistrate taking cognizance of the offence
shall,without making any further inquiry in the case-

a) commit it for trial

i) to the Court of Session-

 if the offence is triable exclusively by that Court or

 if the Magistrate taking cognizance,is CJM

ii) to a Court of Special Judge appointed under the Criminal Law Amendment
Act,1952,if the offence is triable exclusively by that Court;

b)in any other case,make over the case to CJM who shall try the case himself.

*Section 307 of Crpc :Power to direct tender of pardon-

At any time after commitment of a case but before judgement is passed, the Court to which
the commitment is made may,with a view to obtaining at the trial the evidence of any person
supposed to have been directly or indirectly concerned in,or privy to,any such offence,tender
a pardon on the same condition to such person.

*Section 308 of Crpc: Trial of person not complying with condition of pardon-
(1) If the public prosecutor certifies that in his opinion,such person by willfully concealing
anything essential or by giving false evidence,has not complied with the condition on which
the tender was made,such person may be tried for the offence in respect of which the pardon
was so tendered and for the offence of giving false evidence. But such person shall not be
tried for the offence of giving false evidence except with the sanction of the high Court.

*INQUEST*
Section 174 of Crpc : Police to enquire and report [Panchnama (Inquest Report)] on
suicide,etc.
(1) When the SHO( Station House officer) or some other police officer specially
empowered by the State Government in that behalf receives information that a person-
 has commited suicide,
 has been killed by another,or
 has been killed by an animal,or
 has been killed by machinery,or
 has been killed by an accident,or
 has died under circumstances raising a reasonable suspicion that some other
person has committed an offence,
he shall immediately give intimation thereof to the nearest Executive Magistrate
empowered(u/s 174(4)Crpc) to hold inquests & or special ,
Unless otherwise directed by any rule prescribed by the State Govt,or by any any general or
special order of the DM (District Magistrate) or SDM (Sub Divisional Magistrate),
 shall proceed to the place where the body of such deceased person is,&
 shall make an investigation there,in the presence of 2or more respectable inhabitants
of the neighbourhood,&
 shall draw up a report of the apparent cause of death,describing such
wounds,fractures,bruises,and other marks of inquiry as may be found on the body, and
stating in what manner,or by what weapon or instrument(if any); such marks appear to
have been inflicted.
 (2) The report shall be signed by such police officer and other persons,or by so many of
them as concur
(3) therein,shall be forthwith forwaded to DM or SDM.
(4) When-
i. the case involves suicide by a woman within 7 years of her marriage; or
ii. the case relates to the death of a woman within 7 years of her marriage in any
circumstances raising a reasonable suspicion that some other person committed
an offence in relation to such woman;or
iii. the case relates to the death of a woman within 7 years of her marriage and any
relative of the woman has made a request in this behalf; or
iv. there is any doubt regarding the cause of death;or
v. the police officer for any other reason considers it expedient so to do,
he shall, subject to such rules as the State Government may prescribe in this
behalf,forward the body,with aview to its being examined, to the nearest Civil Surgeon,or
other qualified medical man appointed in this behalf by the State Government,if the state of
the weather and the distance admit of its being so forwarded without risk of such
putrefaction on the road as would render such examination useless.
THE MAIN PURPOSE OF HOLDING AN INQUEST is to find out the apparent cause
of death.The word “ There” in Section 174(1) suggests that the inquest should be held at
the spot where the dead body is found.
Section 174 crpc enables an SHO to hold an inquest.He does not need to obtain prior
permission of the Executive Magistrate for holding inquest.But he is duty bound to intimate
EM empowered to hold inquest.

Section 175 of Crpc:Power to summon persons

(1) A Police officer proceeding u/s174 may,by order in writing ,summon 2 or more
persons as aforesaid for the purpose of the said investigation,and any other person who
appears to be acquainted with the facts of the case and every person so summoned
shall be bound to attend and to answer truly all questions other than questions the
 answers to which would have a tendency to expose him to a criminal charge or to a
penalty or forfeiture.

Section 176 of Crpc: Inquiry by Magistrate into cause of death.

(1)when the case of the nature referred to in clause (i) or clause(ii) of Sec.174(3),the
nearest Magistrate empowered to hold inquests shall,and in any other case mentioned in
Sec.174(1),any Magistrate so empowered may
 Hold on inquiry into the cause of death either instead of,or in addition to, the
investigation held by the police officer;& if he does so,he shall have all the powers
which he has while holding an inquiry into an offence.
1(A) Where,
a)any person dies or disappears ,or
b)rape is alleged to have been committed on any woman,
while such person or woman is in police custody or in any other custody authorized
by the Magistrate or the Court,under Crpc in addition to the inquiry or investigation
held by the police,any inquiry shall be held by JM (Judicial Magistrate)or the
MM(Metropolitian Magistrate),as the case may be,within whose local jurisdiction the
offence has been committed.