Amendment status not verified — confirm the current text below against the official source.
1 [116A. Tender of pardon to accomplice.- ( 1 ) Whenever two or more persons are prosecuted for an offence under this Act, a Presidency Magistrate or any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relating to the offence. ( 2 ) Every Magistrate, who tenders a pardon under sub-section ( 1 ), shall record his reasons for so doing. ( 3 ) Every person, accepting a tender under this section, shall be examined as a witness in the Court of the Magistrate taking cognisance of the offence, and, in the subsequent trial, if any. ( 4 ) The provisions of sections 339 and 339A of the Code of Criminal Procedure, 1898 2 (V of 1898), shall apply to the trial of a person to whom pardon has been tendered under this section as they apply to a person to whom pardon has been tendered under section 337 or section 338 of that Code. Explanation .- For the purposes of sub-section ( 4 ), the reference to the Public Prosecutor, in section 339 of the said Code shall include a reference to any officer conducting a prosecution under this Act.]