(1 ) Commissi oners try ing an offence un de r Tender of this Ac t may , wi th a v’cw to ob tai nin g the ev iden ce P a r d o n « of any person supp osed to have been dire ctly concern ed in or pr ivy to , the offence , tend er a par don to suc h pers on on con dition of his making a full an d tru e disclosure of the w hole of the circums tanc es within his kno wledge rela tive , to the offence an d to ever y ot he r perso n con cer ned , wh eth er as pr incipa l or ab ett or , in the comm ission thereof .
(2 ) Wh ere , in the case of an y offen ce for the trial of whi ch by Comm issione rs an ord er has been mad e un de r sub-sect ion (1 ) of sect icn 3, a pardo n has, befor e the pass ing of such ord er, bee n tend ered to an d accepte d by any perso n under section 337 of the Code, the provision of sub-sections (2 ) an d (3 ) of th at section of th e Cod e shall app ly as if t he accused pers on ha d been com mi tted for tria l to the Com missioners .
80 Assam Criminal Law Amendment Act [A ssam
(3) For th e pur pose of sections 339 an d 339A o f the Code pardons tendered un de r suo-sect ion (0) and sub-section (2) sha ll be deemed respectively to nave been .endeted under sections 338 and 337 of the Code .
exclude'per? [*) In a ny rial by Commissioners appo int ed «on» o r under this Act, the Comm issioners may , if they thin k publ ic from fit, ord er at any stage of the triu l tha t the publi c place of genera lly or any pa rti cu lar person sha ll no t have l n a access to, or be or rem ain in, the room or build ing used for the tri al.
(2) Where in the course of any such tri al ti e [Govern me nt] 1 Prosecu tor certifies in wri t'n g to the Commission rs that it is exped ien t in the interests of the publ ic peace or safety , or of the pea ce or safety of any of the witnesses in the tri al that the publi c gen era lly shou ld not have access to or Ire or rem ain in, the room or build ing used for the tr ia l, the Comm issionc is may o rder accord ing ly.
Power to 11. [, ) When any accused, in tri al by Contd« l with missioners appointed under this Act , has by' his accused ̂ voluntary act render ed him self incapb lc of ap pearing before the Comm issioners or resists his pro ductio n before them or behaves before them in a pcrs istcn ly dist rderly manners , the Ccm m'ss ii.m rs ma y, at any stage of the tri al by ordets in wr iting made af ter such inquiry as they thin k fit, dispense with die att endance of such accused for such period as they may think lit and proceed with the tr i. J in his absence, pro vid ed the accused is represent ed by a ple ader.
(2) Wh ere a plea is requ ire d in answer to a cha rge from an accused whose at tend ance has been dispensed wi th un de r sub-sec tion (1), such accused shall be deemed to plea d no t guil ty.
1 Substituted bv the A. O. 1950 for “ Crown” .
tff 4934] Assam Crim inal Law A mendm ent Act
(3) An ord er unde r sub-section (1) dispe nsing wi th the at tend ance o f an accused shall not affect his right of being presen t in person if he has become cap able of appearing or appears before the Com mis sioners and under tak es to beh ave in an ord eily manner.
(4) No twithstanding any thing con tain ed in the Code, no finding, sentence or ord er passed in a trial by Commiss ioners appo inted unde r this Act shall be held to be illegal by any Court by reason of any omission or irregu lari ty wha tsoe ver arising from the absence of an y or all of accused whose att endance has been dispensed with under sub-section (1).
12. No twithstanding anyth ing con tained in the Special rule Ind ian Evidence Act, 1872, whe n the s tatem ent of any d eviden ce of 1172 person has been reco rded by any Ma gis tra te, such sta temen t may be admi tte d in evidence in any tria l before Comm issione rs app oin ted under this Act if such person is dead or c ann ot be found or is incapa ble of giving evidence, and the C omm issioners a re of opin ion th at such death , disapp ear anc e or incapa city has been caused in the interest of the accused.