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Report No. 88

2.9. Then, as regards section 124, the recommendation was to revise it as under:-

"124. (1) No public officer shall be compelled to disclose communications made to him in official confidence, other than communications contained in unpublished official records relating to any affairs of State, when the court considers that the public interests would suffer by the disclosure.

(2) Where a public officer who is a witness is asked a question which might require the disclosure of any such communication, and he objects to answering the question on the ground that the public interests would suffer by its disclosure, the court shall, before rejecting his objection, ascertain from him, in chambers, the nature of his objection and reasons therefor".

2.10. As to section 162, second paragraph, Evidence Act, the recommendation of the Commission was to delete the words "unless it refers to matters of State". The object was to remove any restriction on the power of the court to inspect a document claimed to be relating to "affairs of State" and therefore privileged on that account.



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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