Section 306 in The Code of Criminal Procedure, 1973
306. Tender of pardon to accomplice.
(1) With a view to obtaining the evidence
Magistrate under Section 306 Cr.P.C. ( Section 337 of
Cr.P.C. 1898 Old Code) has not been taken away, even if the offence ... with
the provisions of Section 306, specially Section 306(2)(a) of the Code
and Section 26 of the PC Act, this Court
specifically provided. The Code of Criminal Procedure was amended in the year 1973. Section 209 of the Code of Criminal Procedure, 1973 deals with commitment ... Code. In view of the mandatory provisions of Section 306(5) of the Code of Criminal Procedure, after examining the approver the Magistrate is bound
relevant provisions of Sections 12 , 15 , 306 , 307 , 308 and 460 of Code of Criminal Procedure as well as provisions of Section 132 of Indian ... From the provisions of section 460 and 461 of the Code of Criminal Procedure, it is crystal clear that legislature has listed the defects
ORDER
This application for bail filed under Section 439 of
Criminal Procedure Code is by the ninth accused in Crime ... tried separately for the
offence alleged against him.
10. While Section 306 Cr.P.C. deals with a case of
tendering of pardon
Court of original criminal jurisdiction, it would take the place of the Magistrate under S. 306(4) , Cr.P.C. and therefore, once the Court ... before it as court of original criminal jurisdiction, it has to refer to the Code of Criminal Procedure undaunted by any designation claptrap. When taking
Code
of Criminal Procedure, 1898:
Code of Criminal Procedure 1973
Code of Criminal Procedure , 1898
306: Tender of pardon to accomplice
(1) With a view ... Criminal Procedure Code , 1973 (1973 Code) is similar to Section 337 (1) of the
1898 Code, and Section 306(3)(a) of the 1973 Code
These applications filed under Sections 439 and 482
of the Code of Criminal Procedure seek release of the
petitioners from custody in view ... provision under the 1898 Code, namely, Section 337, and the
corresponding provision in the 1923 Code, namely Section
306(4)(b) Cr.P.C., stipulate
criminal jurisprudence.
6. Inter alia, the applicant submits that use of the word 'shall' under Section
306(4)(b) of the ... cases that
when a person is tendered pardon under Section 306 Cr.P.C., he should
be detained without anything more is not the intention
application reads as follows:
"APPLICATION UNDER SECTION 306 OF THE CODE
OF CRIMINAL PROCEDURE, 1973.
Herein, the accused No.1 submits as under:-
That ... Report/Objection filed against application U/s 306 of
Code of Criminal Procedure (New 309 of BNSS 2023)
31
This may please your honour, that