1. The power of the court in granting pardon must be with an intention to obtain evidence that is directly or indirectly connected with the offence(s).
2. At any stage, a court of competent jurisdiction may decide to grant pardon. However, prior to issuing pardon, the court should be aware of the type of evidence the individual requesting a pardon is likely to offer, as well as the nature of his complicity and his role in the offence committed.
3. The court should unquestionably approve the tendering of pardon if the prosecution believes that the conviction of other offenders would be difficult without the approver’s evidence.
4. The court may also consider an accused person’s offer to serve as an approver, but typically the prosecution is the one that submits the request. The court should only utilise the authority when the prosecution joins the request, as the State may not require the testimony of the approver and may not want to grant pardon to any accused who may be the worst offender.
5. Pardons are always granted subject to complete and truthful disclosure of the entire set of events with the required specifics related to the events constituting the crime. Otherwise, separate legal proceedings under Section 308, CrPC must be started.
6. Once the proposed approver is given immunity and is designated as an approver, he is discharged, ceases to be an accused, and can only be questioned as a witness by the co-accused, unless the immunity is revoked for failing to disclose the whole truth.
Source: Barandbench
