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Report No. 88

2.7. Section 162.-

Connected with the subject is the provision in section 162 of the same Act, under which a witness summoned to produce a document shall, if it is in his possession or power, bring it to court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided by the Court, under the section. That section further provides that the Court, if it seems fit, may inspect the document, unless it (the document) refers to matters of State, or take other evidence, to enable the Court to determine on its admissibility. (The last paragraph of the section is not material for the present purpose). Section 162 is not, of course, confined to documents: for which a privilege is claimed under section 123. The section is the machinery section for the determination of all claims to privilege in respect of documents.

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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