Trial of person not complying with conditions of pardon (Section 308 of CrPc)

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(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under Section 164 or a Court under Section 306(4) 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 such condition has not been complied with.

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(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.


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