Power to direct tender of pardon
Section 307 of the Code of Criminal Procedure, 1973 deals with power to direct tender of pardon. At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view
to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.
Section 307, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 344 Power to direct tender of pardon Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Babu Rudregouda Sahebagouda Rudregoudar vs The State of Karnataka by Tikota Police
Court's Decision & Legal Precedent
The exercise of power to tender pardon to an accused under Section 306 Cr.P.C. rests on judicial discretion and must be exercised with great caution and on sufficient grounds, recognizing the risk of allowing an offender to escape just punishment at the expense of co-accused. A trial court cannot grant pardon without placing sufficient materials on record demonstrating the necessity for such pardon, such as credible evidence of witness hostility, and must consider the impact on co-accused's right to defend themselves. The grant of pardon without proper application of judicial mind and without sufficient supporting materials constitutes abuse of process of court and is liable to be set aside by the High Court.
On this section: Provision allowing accused to tender pardon and make full disclosure of circumstances; discretion vests with trial court
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The trial Court went wrong in deciding the propriety of tendering pardon especially when the prosecution is also seeking for grant of tender of pardon. It is argued that the exercise of the trial Court of ascertaining the role of the applicant in the crime was unwarranted and it is beyond the scope of Section 307 of the Code of Criminal Procedure (Code). 08] The learned Additional Public Prosecutor has repeated the said submission. Moreover, it is argued that there is no direct evidence regarding the occurrence. According to the prosecution, the tender of pardon will be in the interest of successful prosecution. It is …
Questions about Section 307
What have the courts held on Section 307 of the Code of Criminal Procedure?
Babu Rudregouda Sahebagouda Rudregoudar vs The State of Karnataka by Tikota Police (11 Mar 2005) is the leading judgment on this section among those set out below: Provision allowing accused to tender pardon and make full disclosure of circumstances; discretion vests with trial court.
How do I find court cases under Section 307 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 307, section 307 CRPC, section 307 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Babu Rudregouda Sahebagouda Rudregoudar vs The State of Karnataka by Tikota Police (11 Mar 2005).
What should I read with Section 307 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 344 (Power to direct tender of pardon), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 307 of the Code of Criminal Procedure come into force?
Section 307 of the Code of Criminal Procedure, cited as CRPC 307, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.