Approver : A Confused Entity in Criminal Proceedings
By
G. V. Mahesh Nath
Accomplice, a partner in crime has a vital role for prosecution case when he turns against his co-accused and voluntarily comes up with a confession of guilt affecting himself and his partners in crime. Evidence of accomplice is tolerated as necessity, because it may be impossible to get sufficient evidence in particular crimes unless some of the participants or at least one of them discloses the circumstances within his knowledge. The evidential value of accomplice evidence is dealt under the Indian Evidence Act, 1872.1 Whereas the Code of Criminal Procedure, 1973 (for short referred as Cr.P.C herein after) deal with the procedure of tendering pardon to the accused and also consequences for non-compliance of conditions of grant of pardon under Ss.306 – 308.
This article aims to bring the ambiguous position of the approver before the court of law, and in such an endeavour it is thought better to divide this paper into three ....