Saturday, November 12, 2011

Criminal Procedure Code, 1973, Sections 306 and 307 r/w Section 308

Criminal Procedure Code, 1973—Sections 306 and 307 r/w Section 308—Protection given to accomplice u/s 306 or 307 of the Cr.P.C., when can be lifted?—An accomplice who has been granted pardon under Section 306 or 307 of the Code gets protection from prosecution—When he is called as a witness for the prosecution, he must comply with the condition of making a full and true disclosure of the whole of the circumstances within his knowledge concerning the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and if he suppresses anything material and essential within his knowledge concerning the commission of crime or fails or refuses to comply with the condition on which the tender was made and the Public Prosecutor gives his certificate under Section 308 of the Code to that effect, the protection given to him can be lifted.

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