Report No. 185

Section 132A(as proposed in the 69th report)

The 69th Report recommended the insertion of section 132A dealing with privilege of family counsellors. It was stated that the privilege belongs to the family counsellor and this privilege has to be created in the interest of society, so that the family counsellor can function effectively. In para 71.10, it was proposed that the privilege should apply to counsellors appointed by the court and not to those counsellors who are appointed by parties.

We think that the recommendations in para 71.12 need not be given effect to.

Section 132A(as proposed in this report)

In the place of section 132A (privilege of family counsellors), we are of the view that it is necessary to make a specific provision in relation to journalists' resources.

We recommend the insertion of section 132A as follows:

"132A. Disclosure of source of information contained in publication.- (1) No Court shall require a person to disclose the source of information contained in a publication for which he is responsible, unless it is established to the satisfaction of the Court that such disclosure is necessary in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to Contempt of Court or incitement to any offence.

Explanation.- For the purposes of this sub-section,

(a) 'publication' means any speech, writing, symbols or other representation disseminated through any medium of communication including through electronic media in whatever form, which is addressed to the public at large or to any section of the public.

(b) "source" means the person from whom, or the means through which, the information was obtained.

(2) The Court while requiring any person to disclose the source of information under subsection (1), shall assess the necessity for such disclosure of the source as against the right of the journalist not to disclose the source."