Amendment status not verified — confirm the current text below against the official source.
Notwith11anding anything contained in this Act or in any other Act- (I) (a) if after the commcnccmnt of a trial by Commissioners under this Act any person sw r01drrs or is nrrested who, in the opinion or the [appropriate Govcrn- menq • might, if he had &urrcndercd or ht ::n , rrcstcd before the commencement of tli -: l.ial, have been tried jointly with the p< a ~011 1mder:: trial the [appropriate Gunrr,m nt]* may direct that he shall br. pl red on hia. tdal jointly with such , th .. r pt'1 sons nt the said trial : l'rovi<lcd that the name of n1ch person was inc:ludcd wi1h the namc.s of the persons u1•dcr trial in the order un1Jcr sub-section (I) uf scctior. S directing their trial or in the 1cport under clause (a) of sub-sccti.>n ( I) of scl·tion !7S of the Code; (b) wJ.en tiny pe1son in respect of whom a dlre<.tion has been made unckr 1ub-clause (a) is pM<iuccd before the Commiuioncn, any evidence already Tl"COrdcd in the trial m:ly he admitted :t~ evidence against him or h1 his favour; (2) in a trial by Commi.sioncn t.1ndcr tbfl .\ t 111 uny person who has su1 rendered or been arret;tcd after the conclusion of a prc,iuus tr al under this A< tat which, in th1: opinion of the C.ommm1oners, be migh , if he hntl ~ urrcnd crcd or been arre1- ted bcfort- the comm<"ncement of such prev:ous trial, have been tried Jointly with the persons thCll tried any evidence re~o. ded in r.uch previous trial may be admitted a~ C\'idcncc agairut him or in hb favour: Provided th:it the name of such person wu included with the names or the persona previously tried in the order under sub· sectio11 (I) of section 3 directing their trial or in the report ur.dcr clause (a) of sub-tection (I) of scctioll 173 of the Code. •S1.1b11i1uttd by the A 0. 1937 for ''Louil Gor.mmeni'. lft OP 19HJ (S) where any evidence recorded in the ab· sence of the accukd person is admitted under 11ub-clausc ( b ), of clause ( 1) or clause (2) the Commi~ sioncrs may on their O\\'ll motion recall any witness who has given ;;uch evidence in order that he may be further examined or cro.'ls- cxamlned and shall, at the instance of the accused p ~nou or his pleader, recall any such witness for such purpose, unless, in the opioiun of the Commissioners, for rcaaons to be recorded ia writing, it is not necessary in the iulc1·cst of justice that the wilncss should be recalled. (4) 'l'bc provisions of this section shall apply- ( i) to the trial of persons who surrendered or were armtcrl before ti e date of the commencement of this Act, in re11pcct of any offence for which they l'.lVC not at such date been placed on 1 ri.i.l, a:. well as to the trial or pcnon'i who snrrcnd,...r or arc arrested after that date; (ii) to the admlsdon of any evidence recorded. whether such evidence was recorded be- fore or af1er the sa·d date in a trial uader this Act. 19 t. (1) Commissionen tryir.g an offence under 1'cndtt of thi1 Act may, with a view to ohtaining the evidence Pardon, of any person supposed to have been directly concerned in or privy to, the offence, tender a pardon to 1uch person on condilion of bis making a full and true disclosure of the whole of the circumstances within hi• knowledge relative, to the offence and to cnry other per:son concerned, whether as principal or abettor, in the commhsion thcrt!of. (2) Where, in the case of any offence for the trial of which by Commissioners an order has been made under sub-section (I) of secticn 3, a pardon has, before the passing of such order, been tendered to and accepted by any person under section 337 of the Code, the provision of sub-m:tions (2) and (S) of that 1ection of the Code ~ball apply as if the accused penon had been committed for trial to the Com~ miuloDen. - .. 80 [A111.u ACJt (3) For the purpo«; of sections 339 and 339A of the Code I .t1dn11s rcnd<'tcd ender suu-scction (ll) and SU U•S1:c1fon (:l.} ~}i.11( be de, lllt:d fCS(X."Cth cJy to 11avc b<.rn .cnde1d Uu(kr sections 3:30 and 337 of1hc Code. cx:h:<l:' 1~