Code
(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.
Explanation
- This section pertains to the situation where an individual has been granted a pardon (either a full pardon or conditional pardon) for a previous offense.
- If this person later commits another offense (after the grant of the pardon), they can be tried for this new offense even though they were previously pardoned.
- However, this applies only if the new offense is one they could have been tried for originally, even if the pardon hadn’t been granted.
Illustration
Imagine a person (A) is convicted of theft and sentenced to imprisonment. The government grants them a pardon, but on the condition that they must not commit any crime for the next five years. However, within two years of the pardon, A commits another theft. In this case, A can be tried for the new theft even though they were previously pardoned because the new theft is a crime they could have been tried for originally.
Common Questions and Answers
Q: Does this section apply to all types of pardons?
A: Yes, it applies to both full pardons and conditional pardons.
Q: What happens if the new offense is not one they could have been tried for originally?
A: In this case, they cannot be tried for the new offense due to the pardon.
Q: What is the effect of conviction for the new offense on the pardon?
A: The pardon may be revoked, and the original sentence may be imposed.
