What is Trial of person not complying with conditions of pardon? What is Power to postpone or adjourn proceedings? Section 308 and 309 of Code of Criminal Procedure 1973

Trial of person not complying with conditions of pardon and Power to postpone or adjourn proceedings are defined under Section 308 and 309 of CRPC 1973. Provisions under these sections are:

 

Section 308 of CRPC "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 willfully 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 Section 340 shall apply to that offence.

(2) Any statement made by such person accepting tender of pardon and recorded by a Magistrate under Sec 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 such 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 evident 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.

 

Section 309 of CRPC "Power to postpone or adjourn proceedings"

(1)In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.

If the Court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable and may by a warrant remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody under this Section for a term exceeding fifteen days at a time :

Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing.

Explanation 1:- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

Explanation 2 :- The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.

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