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CHAPTER 14
Approvers
1. Definition.-- The term "Approver" is neither defined nor used in
the Criminal Procedure Code, but is usually applied to a person, supposed to be directly
or indirectly concerned in or privy to an offence to whom a pardon is *[tendered]
under section 337 of the Code with a view to *[obtaining] his testimony
against other persons guilty of the offence. ***[...]
*
[2 When pardon may be tendered and by whom.- A tender of pardon can
only be made in the case of certain offences specified in section 337 of the Code and by
the Magistrates mentioned therein.
By section 338 of the Code the High court or the Court of Session trying the case may
tender or order the District Magistrate to tender a pardon on the same conditions as are
mentioned in section 337].
3. Reasons for tendering pardon should be recorded and extent of pardon explained to
the intended approver.-- ***[...]
In all cases in which a pardon is tendered, [the reasons for tendering the pardon must
be recorded and] the intended approver should always be made clearly to understand the
extent of the pardon offered to him: it should be explained to him that he is being
tendered a pardon and will not be prosecuted in respect of such and such a case and no
others.
4. ***[Omitted]
5. Testimony of an approver generally requires corroboration for conviction.-- The
evidence of an approver being that of an accomplice is prima facie of a tainted character,
and has, therefore, to be scrutinised with the utmost care and accepted with caution
***[...]. As a matter of law, pure and simple, a conviction is not bad merely
because it proceeds upon the un-corroborated testimony of an accomplice (vide *[Article
16 of the Qanun-e-Shahadat 1984)]. But it has now become almost a universal rule ***[...]
not to base a conviction on the testimony of an accomplice unless it is corroborated in
material particulars. As to the amount of corroboration which is necessary, no hard and
fast rule can be laid down. It will depend upon various factors, such as the nature of the
crime, the nature of the approver's evidence, the extent of his complicity, and so forth.
But, as a rule, corroboration is considered necessary not only in respect of the general
story of the approver, but in respect of facts establishing the prisoner's identity and
his participation in the crime.]
6. ***[Omitted]
7. If approver gives false evidence he can be tried for the offence and also for
perjury.-- An approver is under the condition of his pardon bound to make 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 abetter, in the
commission thereof. If the approver fails to comply with this condition and gives false
evidence, he is liable to be prosecuted for the offence in respect of which pardon was
granted and also for perjury. He cannot, however, be tried for the former offence except
upon a certificate granted by the Public Prosecutor as laid down in section 339. Sanction
of the High Court is necessary for his prosecution for giving false evidence. An
application to the High Court for sanction to prosecute an approver for giving false
evidence should be by motion on behalf of the State and not by a letter of reference ***[...].
*
[8. Approver should be kept in judicial custody until close of trial.-
An approver accepting a pardon under section 337 of the Code has to be detained in custody
until the termination of the trial. The word "custody" as used in section 337(3)
has not been defined in the Code, but it has been held that this "custody" means
judicial and not Police custody. The detention of an approver, therefore, must be in a
judicial lock-up under the order of the Court and not in Police custody].
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