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        Case ID :
        Bharatiya Nyaya

        Section 345 - Trial of person not complying with conditions of pardon

        Bharatiya Nagarik Suraksha Sanhita, 2023
        Chapter XXVI
        GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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        Condition of pardon: failure to comply may lead to trial for original or related offences and false evidence. If a person who accepted a pardon is certified by the Public Prosecutor to have wilfully concealed material facts or given false evidence, they may be tried for the original offence, related offences, and for giving false evidence; such trials cannot be joint and prosecution for false evidence needs High Court sanction. Statements made when accepting the pardon may be admitted. The accused may plead compliance, placing the burden on the prosecution to prove otherwise, and the court must ask, record, and ultimately determine compliance before judgment, acquitting if compliance is found.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Condition of pardon: failure to comply may lead to trial for original or related offences and false evidence.

                                If a person who accepted a pardon is certified by the Public Prosecutor to have wilfully concealed material facts or given false evidence, they may be tried for the original offence, related offences, and for giving false evidence; such trials cannot be joint and prosecution for false evidence needs High Court sanction. Statements made when accepting the pardon may be admitted. The accused may plead compliance, placing the burden on the prosecution to prove otherwise, and the court must ask, record, and ultimately determine compliance before judgment, acquitting if compliance is found.





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                                ActsIncome Tax
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