Section 36A:
Power to tender immunity from prosecution.
1(1) The Central Government may, if it is of
opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the
evidence of any person appearing to have been directly or indirectly concerned in or privy to the
concealment of particulars of net wealth or to the evasion of payment of tax on net wealth, it is necessary
or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or
under the Indian Penal Code (45 of 1860) or under any other Central Act for the time being in force and
also from the imposition of any penalty under this Act on condition of his making a full and true
disclosure of the whole circumstances relating to the concealment of particulars of net wealth or evasion
of payment of tax on net wealth.
(2) A tender of immunity made to, and accepted by, the person concerned shall, to the extent to which
the immunity extends, render him immune from prosecution for any offence in respect of which the
tender was made or from the imposition of any penalty under this Act.
(3) If it appears to the Central Government that any person to whom immunity has been tendered
under this section has not complied with the condition on which the tender was made or is wilfully
concealing anything or is giving false evidence, the Central Government may record a finding to that
effect, and thereupon the immunity shall be deemed to have been withdrawn, and any such person may be
tried for the offence in respect of which the tender of immunity was made or for any other offence of
which he appears to have been guilty in connection with the same matter and shall also become liable to
the imposition of any penalty under this Act to which he would otherwise have been liable.
Notes:
1. Ins. by Act 46 of 1964, s. 34 (w.e.f. 1-4-1965).