306
306
Tender of pardon to accomplice
Code of Criminal Procedure, 1973
Chapter XXIV General Provisions as to Inquiries and Trials
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCriminal ProcedureWitness TestimonySerious Offences
🗣️ Simple Explanation
What does this law say?
Section 306 of the CrPC allows a judge to offer a pardon to someone involved in a crime. This is done to get their testimony. The person must fully disclose what they know about the crime. This applies to serious crimes like those heard in Sessions Court or punishable by over 7 years in jail.
Why does this law exist?
It helps the police and courts gather evidence. It encourages people to come forward and share information about crimes. This helps in bringing criminals to justice.
Real-life impact
This section can help solve complex cases. It allows the court to get the full story. It can lead to the conviction of the main criminals. It also protects the person who is pardoned from being prosecuted for the same crime.
What happens if you break this law?
If you accept a pardon but don't tell the truth, you can be tried for the original crime. You could also be charged with giving false evidence. The police can arrest you without a warrant.
💡 Real Life Example
Rahul is involved in a bank robbery. The court offers him a pardon if he testifies against the others. If Rahul tells the truth, he won't be charged. Amit is accused of murder. He is offered a pardon to testify against his accomplices. If he lies, he can be tried for murder. Sneha is offered a pardon in a fraud case. If she reveals everything, she goes free.
🛡️ KNOW YOUR RIGHTS
- •Understand the terms of the pardon before accepting.
- •Seek legal advice before accepting a pardon.
- •Tell the truth to avoid being prosecuted.
- •Know that you can be arrested if you lie.
❓ FREQUENTLY ASKED QUESTIONS
Section 306 of the CrPC allows a court to offer a pardon to someone involved in a crime. This is done to get their testimony. The person must fully disclose what they know about the crime. This helps the court to gather evidence and solve the case. It encourages people to come forward and share information.
If you accept a pardon but don't tell the truth, you can be tried for the original crime. You could also be charged with giving false evidence. The punishment depends on the original crime. You could face jail time or a fine. The police can arrest you without a warrant.
Whether it's bailable depends on the original crime. If the original crime is bailable, then the trial for not complying with the pardon might also be bailable. However, if the original crime is non-bailable, then the trial for not complying with the pardon will also be non-bailable. You should consult a lawyer.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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