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Section 45: Answering of incriminating questions and certificate of indemnity

The Himachal Pradesh Homeopathic Practitioners Act, 1979State Act of Himachal Pradesh · Act 3 of 1980

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial 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:

THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 17

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.

Where this provision sits

ActThe Himachal Pradesh Homeopathic Practitioners Act, 1979
Section45
Marginal noteAnswering of incriminating questions and certificate of indemnity
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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