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Section 294: Answering incriminating question and certificate of indemnity

The Jammu and Kashmir Municipal Act, 2000Union territory Act of Jammu and Kashmir · Act 20 of 2000

(1) No witness 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) any answer given by witness to a question put by or before the authorised officer shall not, except in 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 [the Indian Penal Code (45 of 1860)] arising out of the matter to which such certificate is related 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.

Where this provision sits

ActThe Jammu and Kashmir Municipal Act, 2000
Section294
Marginal noteAnswering incriminating question and certificate of indemnity
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, S.O. 3466 of 2020. Substituted for “the State Ranbir Penal Code, Samvat 1989” by S.O. 3466 of 2020.

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