Section 308 CrPC: Trial of Person Not Complying with Pardon Conditions

This section deals with the trial of a person who has been granted a pardon but fails to comply with the conditions of that pardon.

1. State the Code

Section 308 of the Code of Criminal Procedure, 1973 (CrPC) states:

“When any person to whom a pardon has been granted under section 307 is convicted of any offence committed subsequently to the grant of such pardon, he may, if the offence is one which he might have been tried for had such pardon not been granted, be tried for such offence, notwithstanding such pardon.”

2. Explanation

• This section pertains to the situation where an individual has been granted a pardon (either a full pardon or conditional pardon) for a previous offense.
• If this person later commits another offense (after the grant of the pardon), they can be tried for this new offense even though they were previously pardoned.
• However, this applies only if the new offense is one they could have been tried for originally, even if the pardon hadn’t been granted.

3. Illustration

Imagine a person (A) is convicted of theft and sentenced to imprisonment. The government grants them a pardon, but on the condition that they must not commit any crime for the next five years. However, within two years of the pardon, A commits another theft. In this case, A can be tried for the new theft even though they were previously pardoned because the new theft is a crime they could have been tried for originally.

4. Common Questions and Answers

Q: Does this section apply to all types of pardons?
A: Yes, it applies to both full pardons and conditional pardons.

Q: What happens if the new offense is not one they could have been tried for originally?
A: In this case, they cannot be tried for the new offense due to the pardon.

Q: What is the effect of conviction for the new offense on the pardon?
A: The pardon may be revoked, and the original sentence may be imposed.