308
308
Trial of person not complying with conditions of pardon
Code of Criminal Procedure, 1973
Chapter XXIV General Provisions as to Inquiries and Trials
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCriminal ProcedureFalse TestimonyLegal Consequences
🗣️ Simple Explanation
What does this law say?
Section 308 of the CrPC deals with what happens if someone breaks the conditions of a pardon. If a person doesn't tell the truth after being pardoned, they can be tried for the original crime. They can also be charged with lying in court.
Why does this law exist?
It ensures that people who get pardons are honest. It protects the justice system from false information. This helps in bringing criminals to justice.
Real-life impact
This section makes sure that people who get pardons cooperate fully. It encourages truthful testimony. It helps the court to make fair decisions.
What happens if you break this law?
If you don't follow the conditions of the pardon, you can be tried for the original crime. You can also be charged with giving false evidence. The police can arrest you without a warrant.
💡 Real Life Example
Sneha accepted a pardon in a fraud case but hid information. She can be tried for fraud. Rahul was pardoned in a theft case but lied in court. He can be charged with theft and perjury. Amit got a pardon in a murder case. If he doesn't tell the truth, he faces trial for murder.
🛡️ KNOW YOUR RIGHTS
- •Understand the conditions of the pardon.
- •Seek legal advice if you are unsure.
- •Tell the truth to avoid further charges.
- •You have the right to defend yourself in court.
❓ FREQUENTLY ASKED QUESTIONS
Section 308 of the CrPC deals with what happens if someone breaks the conditions of a pardon. If a person doesn't tell the truth after being pardoned, they can be tried for the original crime. They can also be charged with lying in court. This ensures that people who get pardons are honest.
If you don't follow the conditions of the pardon, you can be tried for the original crime. You can also be charged with giving false evidence. The punishment depends on the original crime. You could face jail time or a fine. The police can arrest you without a warrant.
Whether it's bailable depends on the original crime. If the original crime is bailable, then the trial for not complying with the pardon might also be bailable. However, if the original crime is non-bailable, then the trial for not complying with the pardon will also be non-bailable. You should consult a lawyer.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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