Trial of person not complying with conditions of pardon
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Summary
If a person accepted a conditional pardon but the Public Prosecutor certifies they wilfully concealed something essential or gave false evidence, they may be tried for the original offence or any related offence and also for giving false evidence. They cannot be tried jointly with other accused, and a trial for giving false evidence needs High Court sanction. The accused may plead that they complied; the prosecution must prove non compliance, and if the court finds compliance it must acquit.
Example
Priya, a shopkeeper, accepted a conditional pardon in return for full disclosure about a theft. Later the Public Prosecutor certifies she hid a key fact and gave false evidence; she can be tried for the theft and for giving false evidence, but not jointly with other accused, and the trial for false evidence needs High Court sanction. If Priya pleads she complied, prosecution must prove otherwise, and if the court finds she did comply she must be acquitted.
Bare Act
Enacted text(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-
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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 Code, pass judgment of acquittal.
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