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Report No. 88

2.5. Sections 123-124 compared.-

To some extent, sections 123 and 124 of the Evidence Act seem to overlap; at the same time, in certain respects, they differ from each other. They overlap, in so far as evidence which is derived from unpublished official records, and which consists of communications made to a public officer in official confidence, falls under both the sections. They differ, in so far as evidence derived from unpublished official records, but not consisting of communications made to a public officer in official confidence, falls only under section 124 and is outside section 123.

Section 123 is not confined to a public officer, while section 124 is so confined. On the other hand, section 123 is confined to a written record, while section 124 is not so confined. Overlapping can therefore arise on their present wording, as already mentioned above. We shall revert to this aspect when making our concrete recommendations.1

1. See Chapter 11, infra.



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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