Answering of incriminating questions and certificate of indemnity

Health197959 sections

Statutory text

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trail of an election petition on the ground that the answer to such question may incriminate him or may tend to incriminate him, or that it may expose or may tend to expose him to any penalty or forfeiture: Provided that -
- (a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority; and
- (b) an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of Indian Penal Code (45 of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with any election imposed by this Act or any other law.

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