231. A
Stay of Proceedings by the Attorney General.
At any time after completion of an investigation under this Code into any alleged offence
and before the commencement of any inquiry or trial resulting there from, the Attorney
General may by writing under his hand inform the Magistrate who has taken cognizance
of such offence, that he does not, in respect of all or any of the alleged offences, intend to
prosecute the person or any one or more of the persons accused; and at any stage in any
inquiry or at any stage before the finding in any trial. The Attorney General may by
similar writing inform the Magistrate or Court conducting such inquiry or trial that he
does not in respect of all or any of the offences alleged or charged intend to prosecute
the person or any one or more of the persons accused; thereupon, in every such case, all
proceedings in respect of any such offence alleged or charged shall be stayed and the
person or persons accused shall be discharged of and from the same.
232.
Tender of Pardon.
(1)
(2)
(3)
(4)
(5)
(6)
In the case of any offence triable exclusively by a High Court or punishable with
imprisonment for a term which may extend to seven years, the County Judge or,
with the sanction of the County Judge, the Magistrate inquiring into the offence
may at any time, with the view of obtaining the evidence of any person supposed
to have been directly or indirectly concerned in or privy to the offence, tender a
pardon to such person on condition of his making full and true disclosure of the
whole of the circumstances within his knowledge relating to such offence and the
connection therewith of every other person concerned whether as principal or
abetter in the commission of the offence.
Every person accepting a tender under this section shall be examined as a witness at
the magisterial inquiry.
Every person accepting a tender under this section shall be committed for trial if the
offence which he appears to have committed is one which under this Code
exclusively triable by a High Court or in the opinion of the committing Magistrate
ought to be so tried.
Such person shall, subject to the provisions of this Code as to bail, be detained in
custody until the termination of the trial.
Every Magistrate who tenders a pardon under this section shall record his reasons for
so doing.
The Court trying a person who has accepted a tender of pardon shall, if the accused
pleads that he has complied with the conditions on which the tender of pardon was
made, record the plea and proceed with the trial, and shall find whether or not the
accused has complied with the conditions of the pardon and if it is found that he has
so complied, the Court shall, notwithstanding anything contained in this Code pass
judgement of acquittal.
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