THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
GENERAL PROVISIONS
AS TO INQUIRIES AND TRIALS
337. Tender of pardon to accomplice. (1) In the case of any offence triable exclusively by the High Court or Court of Sessions, or any offence punishable with the imprisonment which may extend to ten years, or any offence punishable under Section 211 of the Pakistan Penal Code with imprisonment which may extend to seven years, or any offence under any of the following sections of the Pakistan Penal Code, namely, Sections 216-A, 369, 401, 435 and 477-A, [1][office-incharge of the prosecution in the District] may, at any stage of the investigation or inquiry into, or trial of the offence, with a view to obtaining the evidence of any person supposed to have been 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:
[2][.....]
[3][Provided that no person shall be tendered pardon
who is involved in an offence relating hurt or qatl without permission of the victim
or, as the case may be, of the heirs of the victim.]
(1-A) Every
Magistrate who tenders a pardon under sub-section (1) shall record his reasons
for so doing, and shall, an 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.
[4][(2) Every
person accepting a tender under this section shall be examined as a witness in
the subsequent trial, if any.]
(2-A) 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, commit him for trial to the Court of
Sessions or High Court, as the case may be.
(3) Such
person, unless he is already on bail, shall be detained in custody until the
termination of the trial.
[1]. Subs.
for the words “the District Magistrate or a Sub-Divisional Magistrate” by Ord.,
XXXVII of 2001, [PLJ 2001 Fed.
[2]. Proviso
omitted by Ordinance, XXVII of 1981.
[3]. Proviso
added by Ordinance, VII of 1990 and re-enacted so by Crl. Law (Fifth Amdt)
Ordinance, 1992, Ordinance, XCIX of 1995, etc. Act, II of 1997.
[4]. Subs.
by Ordinance, XXVII of 1981.