Legal Provisions of Section 308 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Trial of person not complying with conditions of pardon:
This section provides for the trial of a person who had accepted a tender of pardon but if the Public Prosecutor certifies that such a person is either willfully concealing anything essential or giving false evidence, then such a person may be tried for the offence in respect of which the pardon was tendered. Thus in order to prosecute the approver who has failed to comply with the condition of tender of pardon, a certificate from the Public Prosecutor is a necessary recondition. The onus lies on the prosecution to prove that the approver has willfully concealed anything essential or has given false evidence and, therefore, rendered himself liable for forfeiture of his pardon.
ADVERTISEMENTS:
Where an approver has forfeited his pardon, he cannot be tried with other accused but he still remains a competent witness against other fellow accused person.
The second proviso to sub-section (1) vests directions in the High Court to grant sanction for trial of the approver whose pardon has been forfeited which should be exercised with great care and caution. The application for the prosecution of approver for giving false evidence should be moved on behalf of the Government in open Court.
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