(1)
Notwithstanding anything contained elsewhere in this Chapter, if the
accused of any offence assists the investigating authority in the
course of conducting investigation into such offence, the
investigating authority may, in consideration for such assistance,
recommend to the government attorney for a reduction in the
sentence than can be imposed on such accused under the law.
(2) If a recommendation is received pursuant to sub-section
(2), the government attorney may, also having regard to such
recommendation, file a charge sheet with conditional claims, with a
proposal for a reduction in the sentence that can be imposed on the
accused.
(3) In filing a charge sheet pursuant to sub-section (2), the
government attorney may file the charge sheet proposing for a
reduction in the sentence as follows:
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(a) If the accused pleaded guilty of the offence in
whole, before the investigating authority or
prosecuting authority, a reduction of a maximum
of twenty-five percent of the sentence that can be
imposed on the accused,
(b) If the accused pleaded guilty of the offence in
which he or she was also involved and assisted in
revealing detailed facts as to the offence and the
other offenders or gang involved in the offence or
the principal giving direction to commit the
offence or in arresting the persons involved in the
offence or, in the case of any organized offence
or offence committed in a group, in locating the
other persons involved in that offence or the place
where criminal conspiracy of such offence was
made, in seizing or forfeiting any motor vehicle,
machine, equipment or other object or arms used
for the commission of such offence, a reduction
of a maximum of fifty percent of the sentence that
can be imposed on the accused.
(4) In order to make a pray for the reduction in the sentence
under sub-section (2), the documents contained in the case-file of the
concerned case shall clearly demonstrate that such accused has
rendered such assistance.
(5) Notwithstanding anything contained elsewhere in this
Section, a pray cannot be made for the reduction in the sentence in
any of the following offences or circumstances:
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(a) If the accused has once availed of the facility under this
Section,
(b) If the accused was sentenced to imprisonment, a period
of three years has not lapsed after the service of such
sentence,
(c) If the accused has already been sentenced for the same
offence in which he or she is accused of.
(6) If, after the filing of a charge sheet praying for a
reduction in the sentence pursuant to sub-section (2), the accused
makes before the court a deposition that is different from the
deposition which he or she has made before the investigating
authority or the government attorney or furnishes hostile evidence or
denies committing the offence or does not assist in judicial
proceedings, such accused shall not be entitled to get the facility
referred to in this Section.
(7) In the case referred to in sub-section (6), the
government attorney shall revoke the reduction of sentence proposed
pursuant to sub-section (1) or (2) and make a petition to the court
praying for additional sentence, and such petition shall be an integral
part of the same charge sheet.