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Report No. 88

Chapter 2

Present Law in India

2.1. Scope of the present Report and earlier Report of the Law Commission.-

The present law on the subject of State privilege-in so far as it relates to the production of evidence as such-is principally contained in sections 123, 124 and 162 of the Indian Evidence Act, 1872. The first two sections are, on an analysis, found to overlap each other. The last-mentioned section (section 162) is not confined to State privilege as such, but concerns itself with the procedure for determination of all questions of privilege, whether the privilege is claimed under the head of State privilege or under any other head. In the main, these three sections of the Indian Evidence Act, 1872 are material to the topic under consideration. In fact, as already stated, that Act has itself been reported by the Law Commission in an exhaustive and comprehensive Report.1 Certain provisions of the Constitution dealing as they do with the secrecy of certain material, will also receive attention.

1. Law Commission of India, 69th Report (Indian Evidence Act, 1872), Chapters 65, 66, 93 (May 1977).

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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