Section 343. 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,
the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence,
and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial,
may 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.
supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies,
the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence,
and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial,
may 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.
(2)
This section applies to—
(a)any offence triable exclusively by the Court of Session or by the Court of a Special Judge
appointed under any other law for the time being in force;
(b)any offence punishable with imprisonment which may extend to seven years or with a more
severe sentence.
(3)
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 the person to whom it was made, and shall, on
application made by the accused, furnish him with a copy of such record free 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—
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—
(b)in any other case, make over the case to the Chief Judicial Magistrate who shall try the case
himself.