Section 26: Tender of pardon

1[26. Tender of pardon.—(a) Notwithstanding anything contained in the Code, at any stage of inquiry, investigation or trial, the Chairman NAB may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to any offence, tender a full or conditional pardon to such a person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge based on material relating to the said offence including the names of the persons involved therein whether as principals or abettors or otherwise: Provided that such person shall stand disqualified for a period of ten years, to be reckoned from the date of termination of the trial,for seeking or from being elected, chosen appointed or nominated as a member or representative of any public body or any statutoryor local authority or in service of Pakistan or of any Province. (b) Every person accepting a tender of pardon under sub-section (a) shall be examined by a Magistrate in the presence of the accused who shall be given an opportunity of cross- examining the person and the person shall also be examined as a witness in the subsequent trial.] (c) Subject to sub-section (d), the person to whom pardon has been granted under this section shall not— (i) in the case of a full pardon be tried for the offence in respect of which the pardon was granted; and (ii) in the case of a conditional pardon be awarded a punishment or penalty higher or other than that specified in the grant of pardon notwithstanding the punishment or penalty authorized by law. (d) Where the Chairman NAB certifies that in his opinion, any person who has accepted such tender has, either by wilfully concealing anything essential or by giving false evidence through wilful or reckless mis-statement, not complied with the condition on which the tenders 2[of pardon] was made, such a person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the said matter including the offence of giving false evidence, which he knows or ought to know is false. (e) Any statement made before 3[a magistrate] by a person who has accepted tender of pardon may be given in evidence against him at 4[the] trial. 1 Subs. by Act XI of 2022, S. 18

Effective date: 1999-01-01

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