approver
In serious offences where direct evidence is lacking, the court may tender a pardon to a person directly or indirectly concerned in the offence, on condition that he makes a full and true disclosure of all the circumstances within his knowledge. Once he accepts, he is examined as a prosecution witness and is called an approver.
If he wilfully conceals anything or gives false evidence, the pardon can be withdrawn and he can be tried for the offence, and his own statement can be used against him. Because an approver is an accomplice who has bargained for his safety, his evidence must be corroborated in material particulars as a rule of prudence.
Example
The co-accused accepted the pardon under s.343 BNSS and turned approver, but the court looked for corroboration of his evidence before convicting the others.
In Indian law
- Section 343, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.306 CrPC): tender of pardon to accomplice
- Section 345, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.308 CrPC): trial of person not complying with conditions of pardon
See also
accomplice · accomplice evidence · pardon · corroboration
Read more in the study notes
- Accomplice, approver and corroboration (Bharatiya Sakshya Adhiniyam)
- Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
- Information leading to discovery and confession of a co-accused (sections 23 proviso and 24) (Bharatiya Sakshya Adhiniyam)
- Legal words and their usage: Accused to Juvenile (English)