S.306/307 CrPC | Pardon Can Be Tendered To Any Person Privy To The Offence, Not Only The Accused

Case: Suresh Raj v. National Investigation Agency

Coram: Justice K. Vinod Chandran and Justice C. Jayachandran

Case No.: CRL.A NO. 213 OF 2022

Court Observation: “Having regard to the terminology and expressions employed in Sections 306 and 307 that the person to whom pardon is to be tendered need not necessarily be an accused; rather it is not a sine qua non. The fact that in many an occasion, pardon is being granted to an accused person, is no indication for a conclusion that such person should always be arraigned as an accused person.”

“Again, the person to whom pardon is to be tendered, need only be “directly or indirectly concerned in or privy to” the offence. The expression “directly or indirectly” indicates the nature of such person’s involvement in the crime, of which, the latter tends to be less incriminating.”

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Keywords

S.306/307 CrPC