Chapter XXIV
Section 307 CrPC: Power to direct tender of pardon
New Law Update (2024)
Section 396 BNSS
TRIAL COURT
Court of Sessions
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
At any time after commitment of a case but before judgment 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.
Important Sub-Sections Explained
Landmark Judgements
Sarwan Singh Rattan Singh v. State of Punjab (1957):
The Supreme Court held that the uncorroborated testimony of an approver is admissible in law, but as a rule of prudence, it requires corroboration in material particulars not only as to the commission of the crime but also as to the identity of each accused involved.
CBI v. Ashok Kumar Aggarwal (1998):
This case discusses the scope of Section 307, affirming that the power to tender pardon rests with the Sessions Court after commitment, and such power cannot be usurped or directed by investigating agencies. The focus is on obtaining evidence for a fair trial.