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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 1[***] 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, 2[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 3[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 4[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 5[* * *].
 
 
(3) Such persons, unless he is already on bail, shall be detained in custody until the termination of the trial.

  • 1
    The words "High Court Division or" were omitted by section 2 and Schedule of the Law Reform Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The words “a Metropolitan Magistrate” were substituted for the words and commas “the District Magistrate, a Metropolitan Magistrate, a Sub-divisional Magistrate” by section 72(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The words “Chief Judicial Magistrate shall” were substituted for the words “District Magistrate shall” by section 72(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 4
    The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 72(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 5
    The words and comma "or High Court Division, as the case may be" were omitted, by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
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