Only magistrates during investigation can offer such pardons, never the trial court.

This section specifically allows the court to which the case has been committed to also tender a pardon, on the same conditions, any time before judgment.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 344

Power to direct tender of pardon

At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.§

Why this exists

This provision extends the pardon-tender power beyond the investigation and inquiry stage to the trial court itself, so that even if new information about an accomplice's usefulness as a witness emerges only after committal, the trial is not deprived of that evidence.

Common misconceptions

Myth: Only magistrates during investigation can offer such pardons, never the trial court.
Fact: This section specifically allows the court to which the case has been committed to also tender a pardon, on the same conditions, any time before judgment.