HPMC Act 293Chapter XVII · Disputes Relating to Election

Section 293 · Answering of incriminating questions and certificate of indemnity

(1)

No witnesses shall be excused from answering any question to any matter relevant to a matter in issue in the hearing of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture :Provided that -

(a)

witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the authorised officer ; and

(b)

an answer given by a witness to a question put by or before the authorised officer shall not, except in the case of any criminal proceedings 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 the Indian Penal Code, 1860 (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 an election, imposed by this Act or any other law.

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