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Report No. 88

2.2. Scope of the openness in Government.-

It should be mentioned that this Report is not concerned with the general question of secrecy in Government and it is not therefore proposed in the Report to go into a detailed discussion of freedom of information, citizen's right to know and allied matters. Those matters-important as they are in any democratic society-focus on the relations between the Government and the citizen in general. It may also be mentioned that the Official Secrets Act is also outside this Report.

That Act deals with a different aspect of Government secrecy-the communication of official secrets and the commission of certain other acts prejudicial to security which are regarded as constituting conduct fit for punishment by use of the weapon of criminal law. (Incidentally, this Act also has been reported on by the Law Commission).1 The present Report deals rather with evidentiary privilege claimed on behalf of the State on the basis of certain considerations of high policy considerations-more appropriately called public interest.

1. Law Commission of India, 43rd Report (Offences against the National Security).



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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