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Report No. 88

2.6. Overlapping between the two and its possible consequences.-

In certain cases-say, in regard to oral official communications-it is enough to comply with section 124. Such cases do not present problems of magnitude. But the overlapping between the two sections (to which we have referred above) may create difficulties, where both the sections apply. In particular, while, under section 123 (as it now stands), it is for the head of the Department to give permission; under section 124, it is for the public servant to decide whether the public interest would suffer by the disclosure. It will be necessary to revert to this aspect later, since it is a matter of crucial importance and does not constitute a problem of interest merely from the point of view of legislative drafting or of textual analysis of the section.

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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