(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 1[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.
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 1[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.
Source footnotes
1. Substituted for “the State Ranbir Penal Code, Samvat 1989” by S.O. 3466 of 2020.आगे पढ़ें / Continue reading
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 2A · Substitution of expression.Section 3 · Classification of municipalities.Section 4 · Procedure for declaring muni-cipal area.Section 5 · Notification of intention to include a local area in a municipal area.Section 6 · Notification of intention to exclude local area from a municipal area.Section 7 · Exclusion of local area from a municipal area.India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.