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Report No. 88

2.4. Indian law-sections 123 and 124, Evidence Act.-

The Indian law on the subject is mainly concerned in three sections of the Evidence Act, section 123 of that Act reads as under:-

"123. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit".1

Besides section 123, there is yet another section relevant to official matters, the disclosure whereof would be injurious to the public interest. Under section 124 of the Act, no public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interests would suffer by the disclosure.

1. For rules as to discovery, see Order 11, Code of Civil Procedure, 1908.

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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