GPRA 116A — Tender of pardon of accomplice.

Gujarat Prohibition Act (Bombay Prohibition), 1949

Statutory text

(1) Whenever two or more persons are prosecuted for an offence under this Act, * * any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relative to the offence.

(2) Every Magistrate, who tenders a pardon under sub-section (1), shall record his reasons for so doing.

(3) Every person, accepting tender under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence, and in the subsequent trial, if any.

(4) The provisions of sections 339 and 339-A of the Code of Criminal Procedure, 1898, shall apply to the trial of a person to whom pardon has been tendered under this section as they apply to a person to whom pardon has been tendered under section 337 or section 338 of that Code.

Explanation.—For the purposes of sub-section (4), the reference to the Public Prosecutor in section 339 of the said code shall include a reference to any officer conducting a prosecution under this Act.

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