1[(2A) In every case where a person has accepted a tender of pardon and has been examined under sub
section (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are
reasonable grounds for believing that the accused is guilty of an offence, commit him for trial to the Court of
Session or High Court, as the case may be.]
(3) Such person, 2[unless he is already on bail], shall be detained in custody until the termination of the
trial 3* * *
4* * * * *
5[338. Power to grant or tender pardon. At any time before the judgment is passed, the High Court or
the Court of Session trying the case may, with the view of obtaining on the trial the evidence of any person
supposed to have been directly or indirectly concerned in, or privy to any such offence, tender, or order the
6[officerincharge of the prosecution in the district] to tender, a pardon on the same condition to such
person 7[:]
7[Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or
qatl without permission of the victim or, as the case may be, of the heirs of the victim.]
339. Commitment of person to whom pardon has been tendered.(1) Where a pardon hasbeen
tendered under section 337 or section 388, and 8[the Public Prosecutor certifies that in his opinion] any
person who has accepted such tender has, either by wilfully concealing anything essential or by giving false
evidence, not complied with the condition on which the tender was made 9[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:
8[Provided that such person shall not be tried jointly with any of the other accused, and that he shall
be entitled to plead at such trial that he has complied with the conditions upon which such tender was
made; in which case it shall be for the prosecution to prove that such conditions have not been complied
with.]
(2) The statement made by a person who has accepted a tender of pardon may be given in evidence
against him 10[at such trial.]
(3) No prosecution for the offence of giving false evidence in respect of such statement shall be
entertained without the sanction of the High Court.
1 Subsection (2A) ins. by Act 18 of 1923, s. 86.
2 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.86, for “if not on bail”.
3 The words “by the Court of Session or High Court, as the case may be", rep. ibid.
4 Subsection (4) rep., ibid.
5 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2. and Sch. for “original section 338”.
6 Subs . by ord 37 of 2001, s . 6. (w.e.f 14082001).
7 Subs & added by Act II of 1997, s.13.
8 Ins. by Act 18 of 1923, s.87.
9 Subs. ibid., for “he may be”.
10 Subs. ibid., for “when the pardon has been forfeited under this section”.
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