The doctrine of approver: A complex evidentiary process
By: Goswami GK et al
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Material type: 
BookPublisher: The Indian Police Journal Description: 67(4), Oct-Dec, 2020: p.23-38.Subject(s): Approver, Accomplice, Tender of pardon, Investigation, Trial, Revocation of pardon, Criminal justice system
In:
The Indian Police JournalSummary: Heinous offences warrant extraordinary evidentiary tools to punish offenders especially in the modern era of advanced technologies helping criminals to escape from the cusp of law. The archaic battery of evidence sometimes fails to provide cogent proof to complete the chain of conspiracy in order to establish guilt beyond reasonable doubt. In common law jurisdictions, the doctrine of tender of pardon provides an extraordinary evidentiary provision to fill the void in the chain of crime events by disclosing uncharted mystery and role of main culprits behind a crime by an accomplice. However, the approver testimony per se may be a slippery slope and have the potential to frustrate the purpose of justice. The judiciary must use this tool with utmost diligence only in exceptional and extraordinary cases to facilitate justice. In the recent past, the doctrine of approver has extensively been used in criminal cases of significance; but this legal precept is least explored by the academia, which ignited the quest to deliberate the subject in this article. Reproduced
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 67(4), Oct-Dec, 2020: p.23-38 | Available | AR125305 |
Heinous offences warrant extraordinary evidentiary tools to punish offenders especially in the modern era of advanced technologies helping criminals to escape from the cusp of law. The archaic battery of evidence sometimes fails to provide cogent proof to complete the chain of conspiracy in order to establish guilt beyond reasonable doubt. In common law jurisdictions, the doctrine of tender of pardon provides an extraordinary evidentiary provision to fill the void in the chain of crime events by disclosing uncharted mystery and role of main culprits behind a crime by an accomplice. However, the approver testimony per se may be a slippery slope and have the potential to frustrate the purpose of justice. The judiciary must use this tool with utmost diligence only in exceptional and extraordinary cases to facilitate justice. In the recent past, the doctrine of approver has extensively been used in criminal cases of significance; but this legal precept is least explored by the academia, which ignited the quest to deliberate the subject in this article. Reproduced
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