***]

116A. [ Tender of pardon to accomplice. [This section was inserted, by Bombay 22 of 1960, Section 77.]- (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 a 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 339A of the Code of Criminal Procedure, 1898 (V of 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 338 of that Code.

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