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Ch.7.1. Approver: Sn.306 Cr.P.C.
An associate in a crime is called an accomplice. No doubt he is a guilty associate, but pardon is granted to him. He is called the ‘Approver’. He is granted pardon:
(i) To obtain evidence relating to the case and
(ii) To use evidence against the other accused. To this end, he is given an assurance by the Magistrate, that no action will be taken against him. He is examined as a witness for the prosecution. Pardon may be granted in the following offences:
(a) Cases triable by Sessions Court,
(b) Offences punishable with 7 years imprisonment or more. Pardon
Pardon may be granted by the District Magistrate, 1 Class Magistrate at any stage from investigation upto trial, but before judgement. Pardon may also be granted by Court of Sessions and High Court.
The pardon is granted on condition that as a return for the pardon, the approvershould make a full and true disclosure of the circumstances known to him.
The Magistrate shall record his reasons for granting pardon.
Pardon is given because there will be no other better evidence available in the absence of the approver’s disclosure.
Ex.:- In Belur Srinivas lyengar Murder Case, Bangalore, Channa became an approver and assisted the prosecution to arrest Krishna, Muniswamy and Govinda Reddy. Channa had made a complete disclosure ofthe conspiracy and the othercircumstances ofthe case.
Breach of promise
If the approver does not disclose fully and truly, the circumstances and the facts of the case, then,he has committed a breach of his promise. In such a case, the Magistrate may try him for so much of the offence as is disclosed by him to the court.
The approver gets full protection only when he has fully and truly disclosed all the relevant facts necessary for investigation. The evidence given by the approver is admissible, but the universal practice of the courts is not to convict the accused on the uncorroborated evidence of the Approver.
The reason is that the Approver is ‘Participes Criminis’ (participate in the crime) He will have a motive to put the blame on the accused or to shift the guilt from himself. (Sn. 133 Evidence Act).
Ch.7.2. First Offenders:- Sn. 360 Cr.P.C.
Provisions are made in Cr.P.C. for those who commit offences for the first time. This is a benevolent legislation. It enables the court to release the accused instead of sending him to the prison. The release is on probation of good conduct.
The object is to avoid the sending of first offender to the prison and of running the risk of turning him into a regular criminal.
When a person above 21 is convicted for 7 years or with fine only or when a person below 21, or a woman is convicted for less than life imprisonment, and no previous conviction is there, the court having regard to the age, character or antecedents and circumstances, may release him on bond,instead ofsentencing him.
He must appeal within 3 years when called upon, and, in the meantime he must keep the peace and be of good behaviour.
This section applies to the accused who is convicted of theft, dishonest misappropriation, cheating or any offence punishable with 2 years imprisonmentorwith fine only.
There must be no previous conviction against the accused.
The court will take into consideration the age, character, antecedents or any extenuating circumstances and instead of sentencing him, releases him on admonition.
The Sessions Court, or any Appellate Court or the High Court may pass an order under this provision.
If the accused fails to observe the conditions imposed by the Court, he may be arrested and sentenced by the Court.
The order issued under this section is in substitution of the pun-ishment,
Ch. 7.3. Habitual Offender: Sn. 110 Cr.P.C.
According to the Cr.P.C. special provisions are made in respect of habitual offenders and desperate characters. The object is to prevent the commission of an offence by such persons, and of securing future good behavior from them.
(i) Habitualrobber,housebreaker, thiefor forgerer.
(ii) Habitual receiver of stolen property or harbourer of thieves,
(iii) Habitual Kidnapper, extortioner abductor or cheat or peace violator
(iv) Habitual violator committing offences under
(a) Drugs & Cosmetics Act. (b) Foreign Exchange Regulations Act. (c) Food Adulteration Act. (d) Custom Act etc.
(v) Habitual offender of hoarding, profiteering and adulteration and
(vi) A person so dangerous and desperate to be a hazard to the community.
The I Class Magistrate, who receives information about such a person, is within his jurisdiction, may require him to execute a bond (with sureties) for his good behaviour for a period not above 3 years.
The Magistrate must give a show cause notice giving all details about the information, value of the bond etc.
Ch.7.4. Juvenile Offenders: Sn.27 Cr.P.C.
Certain benevolent provisions have been made in the Cr.P.C. to meet the Juvenile (Youthful) offenders.
A person under the age of 16 ( as on the date he is produced before the Court), accused of an offence not punishable with death or imprisonment for life is a’ juvenile’ and he may be tried by the Chief Judicial Magistrate or by a Court empowered under the Children Act 1960 or under any law, which provides for treatment, training and rehabilitation.
The objective is to save juvenile offenders from the company of convicted criminals in the jail, and alsp to give them suitable training and to rehabilitate them.
Ch.7.5. Proclaimed Offender: Sns.40(2), 82 and 83.
He is any person proclaimed by the court as an offender who is accused of an offence punishable under Section 302 (murder) 304 (Culpable Homicide), 392 (Robbery) etc. as stated in the Or.P.C
The court must have issued a warrant against him. He must have absconded orconcealed himself.
The proclamation in writing is to be published requiring him to appear within 30 days.
Publication means reading publicity in some conspicuous place, affixing acopy tosome conspicuous part of the house of the accused and the court. It may be published in newspapers.
Attachment of property: After issuing the Proclaimation the
Court may proceed to attach his property. Ifthe proclaimecd offender appears within 30 days, the court may make an order releasing the
property. If he does not appear, the propertyshall beat the disposalof the government. It may sell after six months.
If the offender has not absconded and if he did not know the Proclamation he may appear before the Court within 2years.