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Report No. 93

3.2. The binding thread.-

In the Report1 of the Law Commission on the Evidence Act, the rationale underlying the various evidentiary privileges was thus stated:-

"The privileges recognised by the law of evidence differ in their content, but a certain binding thread seems to connect them. To the explanation given above-public welfare-may be added another element, namely, that most, if not all, of the privileges recognised by the law are needed for the proper functioning of the particular relationship. This relationship may be of various types. It may be domestic-as of husband and wife or professional-attorney and client-or may be wider-e.g., the Government's retention of certain information, or it may consist in a particular character occupied by the person concerned, e.g., the judge privileged under section 121. The law assumes that the proper performance of the function in question, or the proper maintenance of the relationship in question, justifies the grant of an evidentiary privilege in respect of certain matters which are considered essential for that function or relationship. Iris on this assumption that the privileges are founded."

1. Law Commission of India, 69th Report (Indian Evidence Act, 1872), para. 62.5.



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