Pardon under criminal procedure law is limited to specified offences; it cannot extend to Official Secrets Act charges with conspiracy.

Section 337 of the Code of Criminal Procedure was confined to the offences expressly covered by it, including offences triable exclusively by the High Court or Court of Session, offences punishable with imprisonment up to seven years, and specified Indian Penal Code offences. An offence under Section 5 of the Official Secrets Act, 1923 read with Section 120-B of the Indian Penal Code did not fall within those categories, so pardon could not be tendered under Section 337 for that offence. Section 339 addressed forfeiture of pardon for non-compliance with its conditions and could not expand the scope of Section 337, so the witness could not be treated as an approver in those proceedings.

---

---

Issues: Whether a pardon could be tendered under Section 337 of the Code of Criminal Procedure for an offence under Section 5 of the Official Secrets Act, 1923 read with Section 120-B of the Indian Penal Code, so that the witness could be examined as an approver in proceedings confined to that offence.

Analysis: Section 337 of the Code of Criminal Procedure was held to be confined to the offences specifically mentioned in it, namely offences triable exclusively by the High Court or Court of Session, offences punishable with imprisonment up to seven years, and the specified offences under the Indian Penal Code. An offence under Section 5 of the Official Secrets Act, 1923 read with Section 120-B of the Indian Penal Code did not fall within those categories. Section 339 of the Code of Criminal Procedure was held to deal with a different situation, namely forfeiture of pardon upon non-compliance with its conditions, and could not be used to enlarge the scope of Section 337.

Conclusion: No pardon could be tendered under Section 337 of the Code of Criminal Procedure for the offence in question, and the witness could not be treated as an approver in those proceedings.

---