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Report No. 88

2.3. Comparative developments.-

Governmental privilege in litigation in regard to evidence has attracted considerable attention in recent times in so many countries, within as well as outside the Commonwealth. The developments have been somewhat rapid. Indeed, at some stage, they have been so rapid as to make it difficult to keep abreast of them. On some issues relevant to the privilege in question, the law elsewhere can still be said to be in a state of evolution. While the general direction in which the law is moving may be said to be fairly well established, new situations not unexpectedly-go on arising, and furnish illustrations of an infinite variety of circumstances in relation to which the privilege comes to be claimed-successfully or otherwise. It is not our intention to embark on an exhaustive survey as such of the position in numerous countries. But material that elucidates points that might otherwise remain obscure will be referred to wherever appropriate.

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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