Trial of person not complying with conditions of pardon
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Summary
If a person who accepted a tender of pardon is certified by the Public Prosecutor to have wilfully concealed something essential or given false evidence, they can be tried for the original or related offences and for giving false evidence. They cannot be tried jointly with other accused, and prosecution for giving false evidence requires High Court sanction. The statement recorded when they accepted the pardon can be used against them, but if the accused pleads compliance the prosecution must prove otherwise and the court must acquit if it finds compliance.
Example
Rohan accepted a pardon after agreeing to tell the truth about a theft from his shop. Later the Public Prosecutor certifies Rohan hid a witness and gave false evidence. Rohan will be tried separately; the statement he made when accepting the pardon can be used against him, but he can plead he complied and the prosecution must prove otherwise. If the court finds he did comply, he must be acquitted.
Bare Act
Enacted text(1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, 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 215 or section 379 shall apply to that offence.
(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 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-
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(a) if it is a Court of Session, before the charge is read out and explained to the accused;
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(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 Sanhita, pass judgment of acquittal.
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