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Report No. 88

1.4. Privilege.-

The term "privilege" as used in Evidence law means a freedom from compulsion to give evidence or to discover-up material, or a right to prevent or bar information from other sources during or in connection with litigation, but on grounds extrinsic to the goals of litigation.1

In the law of evidence, there are many situations where a party to litigation (or some other person) may claim a privilege and thereby resist the production of a document or the giving of oral evidence on a particular subject in court.

1. Paul F. Rothstein Evidence: State and Federal Rules, (1981), p. 407.

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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