Section 33: Filing of charge sheet claiming for lesser punishment

1) Notwithstanding anything contained elsewhere in this Chapter, if the accused of any offence assists the investigating authority in the course of conducting an investigation into such offence, the investigating authority may, in consideration for such assistance, recommend to the government attorney a reduction in the sentence that 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 a reduction in the sentence as follows:

(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 casefile 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:

(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.