1[339A. Procedure in trial of person under section 339.(1) The Court trying under section 339 a
person who has accepted a tender of pardon shall, 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
the pardon was made.
(2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and shall,
before judgment is passed in the case, find whether or not the accused has complied with the conditions of
the pardon, and, if it is found that he has so complied, the Court shall, notwithstanding anything contained in
this Code, pass Judgment of acquittal].
2[340. Right of person against whom proceedings are instituted to be defended and his competency
to be a witness.(1) Any person accused of an offence before a Criminal Court, or against whom
proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.
[(2) Any person accused of an offence before a Criminal Court or against whom proceedings are
instituted under this Code in any such Court shall, if he does not plead guilty, give evidence on oath in
disproof of the charges or allegations made against him or any person charged or tried together with him at
the same trial :
3
Provided that he shall not be asked, and, if asked, shall not be required to answer, any question tending
to show that he has committed or been convicted of any offence other than the offence with which he is
charged or for which he is being tried, or is of bad character, unless__
(i) the proof that he has committed or been convicted of such offence is admissible in evidence to
show that he is guilty of the offence with which he is charged or for which he is being tried; or
(ii) he has personally or by his pleader asked questions of any witness for the prosecution with a
view to establishing his own good character, or has given evidence of his good character; or
(iii) he has given evidence against any other person charged with or tried for the same offence.]
341. Procedure where accused does not understand proceedings. If the accused, though not insane,
cannot be made to understand the proceedings, the Court may proceed with the 4* * *trial; and, in the case
of a Court other than a High Court, 4* * * or if such trial results in a conviction, the proceedings shall be
forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass
thereon such order as it thinks fit.
342. Power to examine the accused.(1) For the purpose of enabling the accused to explain any
circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial
without previously warning the accused, put such questions to him as the Court considers necessary, and
shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution
have been examined and before he is called on for his defence.
1 Section 339A subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for section 339A, which was amended by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.88, for
the original section 339A.
2 Subs. by Act 18 of 1923, s.89, for the original section 340
3 Subs. by the Code of Criminal Procedure(Amdt.) Ordinance, 1985 (12 of 1985), s.2, for subsection (2), which was previously amended by Act 18 of 1923, s.89.
4 The words “inquiry or” and the words and comma "if such inquiry results in a commitment," omitted by Ord. 12 of 1972, s.2 and Sch.
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