95. Answering of criminating questions and certificate of indemnity.—
(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 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) a witness, who answers truly all questions which he is required to answer shall be entitled to
receive a certificate of indemnity from 2[the High Court]; and
1. Ins. by Act 40 of 2003, s. 4 (w.e.f. 28-8-2003).
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
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(b) an answer given by a witness to a question put by or before 1[the High Court] shall not, except
in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in
evidence against 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 IXA of the Indian
Penal Code (45 of 1860), or Part VII of this Act 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 an election imposed
by this Act or any other law.
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