Trial of person not complying with conditions of pardon
Section 308 of the Code of Criminal Procedure, 1973 deals with trial of person not complying with conditions of pardon. 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 tend The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 no been complied with.
(4) At such trial, the Court shall-
(a) if it is a Court of Session, before the charge is read out an 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 an 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 308, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 345 Trial of person not complying with conditions of pardon Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 164 Recording of confessions and statements
- s. 195 Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence
- s. 306 Tender of pardon to accomplice
- s. 307 Power to direct tender of pardon
- s. 340 Procedure in cases mentioned in section 195
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashok Seghal vs State
Court's Decision & Legal Precedent
A Magistrate First Class has concurrent jurisdiction with the Special Judge to tender pardon under Section 306 Cr.P.C. in cases arising under the Prevention of Corruption Act, 1988. The power to grant pardon is not exclusively vested in the Special Judge. When a Magistrate tenders pardon bonafide, even if erroneously without explicit jurisdiction, the proceedings are protected by Section 460(g) Cr.P.C. and cannot be set aside merely on the ground of lack of empowerment. The deeming clause in Section 5(2) of the Prevention of Corruption Act has limited purpose only for sub-sections 1 to 5 of Section 308 Cr.P.C. and does not exclude the Magistrate's concurrent power under Section 306 Cr.P.C.
On this section: Court noted that the deeming clause in Section 5(2) of Prevention of Corruption Act references sub-sections 1 to 5 of Section 308 for limited purpose of trial for non-compliance with pardon conditions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 308
What have the courts held on Section 308 of the Code of Criminal Procedure?
Ashok Seghal vs State (13 Jun 2012) is the leading judgment on this section among those set out below: Court noted that the deeming clause in Section 5(2) of Prevention of Corruption Act references sub-sections 1 to 5 of Section 308 for limited purpose of trial for non-compliance with pardon conditions.
How do I find court cases under Section 308 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 308, section 308 CRPC, section 308 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ashok Seghal vs State (13 Jun 2012).
What should I read with Section 308 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 164 (Recording of confessions and statements), section 195 (Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence), section 306 (Tender of pardon to accomplice), section 307 (Power to direct tender of pardon), and on 1 further provision, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 345 (Trial of person not complying with conditions of pardon), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 308 of the Code of Criminal Procedure come into force?
Section 308 of the Code of Criminal Procedure, cited as CRPC 308, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.