CrPC Section 308
Section 308 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 308 CrPC – Trial of person not complying with conditions of pardon
🔍 What is it about?
Section 308 CrPC deals with situations where a person who has been granted a pardon under Section 306 or 307 (usually to turn “approver” or state's witness) fails to comply with the conditions of that pardon — typically, by not making a full and true disclosure.
📜 Key Provisions of Section 308:
Non-compliance with pardon conditions:
If the person (approver) does not comply with the conditions of the pardon — usually by withholding facts, lying, or not cooperating, then:
He may be tried:
For the original offence (for which he was granted the pardon), and
For giving false evidence (perjury).
Procedure:
A certificate from the Public Prosecutor stating that the person has not complied with the conditions of the pardon is sufficient ground for the Court to proceed with the trial.
The case proceeds as if no pardon had been granted.
Safeguards:
The statement already given by the person (during the earlier proceedings) may be used against him in the trial.
✅ When is it used?
This section is used after a pardon has been granted, but:
The approver turns hostile,
Lies under oath,
Conceals key facts, or
Fails to assist the prosecution as promised.
📌 Example:
Suppose A, B, and C are accused of a murder. A is granted pardon under Section 306 in return for turning approver. But during trial, A:
Denies involvement,
Refuses to testify against B and C,
Or provides false testimony.
In this case, under Section 308:
A can be tried for the original offence of murder, and
Also for perjury, because he broke the conditions of the pardon.
🔗 Related Sections:
Section 306 CrPC – Tender of pardon before Magistrate.
Section 307 CrPC – Pardon after commitment but before judgment.
Section 193 IPC – Punishment for false evidence (perjury).
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