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Section 17: Statements made to the Commission

The Kerala Public Men (Prevention of Corruption) Act, 1983State Act of Kerala · Act 6 of 1984

(1) Subject to the provisions of sub-section

(2), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the Government or any public servant, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purpose 14 of any investigation under this Act and the Government or any public servant shall not be entitled, in relation to any such investigation, to any such privilege in respect of production of documents or giving evidence as is allowed by any enactment or by any rule of law in legal proceedings.

(2) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document, as might prejudice the security or defence or international relations of India (including India's relation with the Government of any other country or with any international organisation), and for the purpose of this sub-section a certificate issued by a Secretary to the Government of India certifying that any information, answer or portion of a document is of the nature specified in this sub-section shall be binding and conclusive.

(3) Subject to the provisions of sub-section (1), no person shall be compelled for the purpose of investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court.

(4) No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in any civil or criminal proceeding except a prosecution for giving false evidence by such statement:

Provided that the statement—

(a) is made in reply to a question he is required by the Commission to answer; or

(b) is relevant to the subject matter of the investigation.

Where this provision sits

ActThe Kerala Public Men (Prevention of Corruption) Act, 1983
Section17
Marginal noteStatements made to the Commission
JurisdictionState of Kerala
StatusIn force as published by the source

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