(1) Where, in regard to a person who has accepted a tender of pardon made
under section 343 or section 344, the Public Prosecutor certifies that in his opinion such
person has, either by wilfully concealing anything essential or by giving false evidence, not
complied with the condition on which the tender was made, such person may be tried for the
offence in respect of which the pardon was so tendered or for any other offence of which he
appears to have been guilty in connection with the same matter, and also for the offence of
giving false evidence:
Provided that such person shall not be tried jointly with any of the other accused:
Provided further that such person shall not be tried for the offence of giving false
evidence except with the sanction of the High Court, and nothing contained in section 215
or section 379 shall apply to that offence.
(2) Any statement made by such person accepting the tender of pardon and recorded
by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be
given in evidence against him at such trial.
(3) At such trial, the accused shall be entitled to plead that he has complied with the
condition upon which such tender was made; in which case it shall be for the prosecution
to prove that the condition has not been complied with.
(4) At such trial, the Court shall—
(a) if it is a Court of Session, before the charge is read out and explained to the
accused;
(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the
prosecution is taken,
ask the accused whether he pleads that he has complied with the conditions on which the
tender of pardon was made.
(5) If the accused does so plead, the Court shall record the plea and proceed with the
trial and it shall, before passing judgment in the case, find whether or not the accused has
complied with the conditions of the pardon, and, if it finds that he has so complied, it shall,
notwithstanding anything contained in this Sanhita, pass judgment of acquittal.
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