A is suspected of commission of an offence of murder, trial whereof can only be conducted before a court of Sessions. ‘A’ acappears before the Metropolitan Magistrate and moves an application for recording his statement under Section 164 Cr.P.C. and grant of pardon. Who has the power to grant pardon?

Option A: The Court of Sessions

Option B: The Metropolitan Magistrate

Option C: Both (a) & (b)

Option D: None of the above

Correct Answer

Option: a

Explanation

Section 306 (1) Cr.P.C. deals with it. It says that with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any, stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 17 Q. NO. 641 TO 680)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 13 Q. NO. 481 TO 520)

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THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

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