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Report No. 88

1.15. Scheme of discussion.-

After making these general observations, we would like to indicate the scheme of discussion adopted in this Report. The rationale and general ambit of the privilege under discussion will be first dealt with. The authorities that can claim the privilege and the authorities that will decide the claim will next receive attention-the latter being of comparatively much greater importance. We shall then address ourselves to the material on which the claim to privilege may be asserted and the machinery and procedure for adjudication of the claim. Besides the provisions of the law of evidence, a discussion of certain constitutional provisions relating to secrecy will also be required. A brief discussion of the position in certain other countries will be offered. The Report will conclude with recommendations for reform of the law.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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