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Report No. 88

1.3. Public law in its procedural aspect.-

Public law in its procedural aspect is of as much interest as its substantive law. Although the citizen may sue public bodies and the Government, it does not necessarily follow that the law and procedure applied by the courts to such suits will be the same as is applied in litigation between private citizens. Special procedural advantages and protections are enjoyed by the State. One of such protections operates in the field of evidence, and is in the nature of a privilege regarding the production of certain documents and disclosure of certain communications.

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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