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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[(1) In every inquiry or trial the proceedings 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:

Provided that when the inquiry or trial relates to an offence under section 376, 2 [section 376A, section 376AB, , section 376B, section 376C, section 376D, section 376DA or section DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall] be completed within a period of two months from the date of filing of the charge sheet.]

(2) 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:

3[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.]

4[Provided also that-

(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;

(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;

(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.]

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.


STATE AMENDMENT
Chhattisgarh
In proviso to sub-section (1) of Section 309 of the Code, for the words, figures and letters "section 376, section 376A, section 376B, section 376C or section 376D", the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B shall be substituted.

[Vide Chhattisgarh Act 25 of 2015, s. 11.]

Maharashtra
In section 309 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter, in this Chapter, referred to as "the Code of Criminal Procedure"), after the existing proviso, the following proviso shall be added, namely:--

"Provided further that, when the enquiry or trial relates to an offence under section 332 or 353 (45 of 1860) of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of six months from the date of filing of the charge sheet".

[Vide Maharashtra Act, 40 of 2018, s. 4.]

Arunachal Pradesh
Amendment of section 309.--In the proviso to sub-section (1) of section 309 of the principal Act, for the words, figures and letters "section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code" the words, figures and letters "section 376, section 376A, section 376AA section 376B, section 376C, section 376D or section 376DA of the Indian Penal Code" shall be substituted.

[Vide Arunachal Pradesh Act 3 of 2019, s. 18]

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1. Subs. by Act 13 of 2013, s. 21, for sub-section (1) (w.e.f. 3-2-2013).

2. Subs. by Act 22 of 2018, s. 16, for "section 376A, section 376B, section 376C, section 376D" (w.e.f. 21-4-2018).

3. Ins. by Act 45 of 1978, s. 24 (w.e.f. 18-12-1978).

4. Ins. by Act 5 of 2009, s. 21 (w.e.f. 1-11-2010). 

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