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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Procedure in trial of person under section 339
1[339A.(1) The Court trying under section 339 a person who has accepted a tender of pardon shall
 
 
(a) if the Court is 2[* * *] Court of Session before the charge is read out and explained to the accused under 3[section 265D, sub-section (2)], and
 
 
(b) if the Court 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 the pardon was made.
 
 
(2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and 4[* * *] 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.]

  • 1
    Section 339A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)
  • 2
    The words "High Court Division or" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 3
    The words, figures, comma and brackets "section 265D, sub-section (2)" were substituted, for the words, comma and brackets "section 271, sub-section (1)" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 4
    The words and commas "the jury, or the Court with the aid of assessors, or the Magistrate, as the case may be," were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
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