Section 308 CrPC: Trial of person not complying with conditions of pardon

What Section 308 CrPC Says

308. Trial of person not complying with conditions of pardon

(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused:

Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence.

(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 164 or by a Court under sub-section (4) of section 306 may be given in evidence against him at such trial.

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with.

(4) At such trial, the Court shall—

(a) if it is a Court of Session, before the charge is read out and explained to the accused;

(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made.

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Code, pass judgment of acquittal.

Source: Section 308, Code of Criminal Procedure, 1973

Section 308 CrPC in Simple Words

When Section 308 CrPC Applies

• Section 308(1) CrPC applies to a person who has accepted a tender of pardon made under Section 306 CrPC or Section 307 CrPC.
• The Public Prosecutor certifies that in the opinion of the Public Prosecutor the person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made.
• Such a person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which the person appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence.
• The first proviso to Section 308(1) CrPC says the person shall not be tried jointly with any of the other accused.
• The second proviso says the person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in Section 195 CrPC or Section 340 CrPC shall apply to that offence.
• Under Section 308(2) CrPC, a statement made by the person accepting the tender of pardon and recorded by a Magistrate under Section 164 CrPC or by a Court under Section 306(4) CrPC may be given in evidence against the person at such trial.
• Under Section 308(3) CrPC, the accused shall be entitled to plead at such trial that the condition upon which the tender was made has been complied with. In that case it shall be for the prosecution to prove that the condition has not been complied with.
• Under Section 308(4) CrPC, the Court shall ask the accused whether the accused pleads that the conditions on which the tender of pardon was made have been complied with.
• Under Section 308(5) CrPC, if the accused so pleads, the Court shall record the plea and proceed with the trial.
• If the Court finds that the accused has so complied, it shall, notwithstanding anything contained in the Code, pass judgment of acquittal.

Time Limits Under Section 308 CrPC

• Under Section 308(4)(a) CrPC, a Court of Session asks the accused about the plea before the charge is read out and explained to the accused.Act text: “if it is a Court of Session, before the charge is read out and explained to the accused”
• Under Section 308(4)(b) CrPC, the Court of a Magistrate asks the accused about the plea before the evidence of the witnesses for the prosecution is taken.Act text: “if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken”
• Under Section 308(5) CrPC, the Court shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon.Act text: “it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon”

Example of Section 308 CrPC

When Section 308 CrPC Does Not Apply

• Section 308 CrPC speaks of a person who has accepted a tender of pardon and has not complied with its condition. It does not deal with compounding of offences, the subject of Section 320 CrPC.
• Section 308 CrPC speaks of the trial of a person who has accepted a tender of pardon. It does not deal with withdrawal from prosecution, the subject of Section 321 CrPC.

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