https://www.taxtmi.com/caselaws?id=287376 Section 8(2) of the Criminal Law Amendment Act, 1952 is an enabling provision wide enough to permit a Special Judge to tender pardon to a person concerned in the offence, including an accused before the court, after cognizance and during trial. The deeming fiction referring to section 338 of the Criminal Procedure Code, 1898 applies only for the limited purpose stated and does not make a prosecution motion a condition precedent. Section 540 of the Code is distinct and does not control the pardon power. As a matter of proper practice, the prosecution should ordinarily be consulted before pardon is tendered on an accused's request, but the grant was not interfered with because the prosecution supported it. en-us Thu, 28 Sep 1967 00:00:00 +0530 Sat, 02 Apr 2022 16:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287376 Section 8(2) of the Criminal Law Amendment Act, 1952 is an enabling provision wide enough to permit a Special Judge to tender pardon to a person concerned in the offence, including an accused before the court, after cognizance and during trial. The deeming fiction referring to section 338 of the Criminal Procedure Code, 1898 applies only for the limited purpose stated and does not make a prosecution motion a condition precedent. Section 540 of the Code is distinct and does not control the pardon power. As a matter of proper practice, the prosecution should ordinarily be consulted before pardon is tendered on an accused's request, but the grant was not interfered with because the prosecution supported it. Case-Laws Indian Laws Thu, 28 Sep 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287376