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Report No. 88

Chapter 7

Machinery for Determination of The Privilege

7.1. Section 162 analysed.-

It is now possible to examine section 162 in the light of the above points. Section 162 comprises four matters:-

(a) the duty of a person who is summoned to produce a document, to bring it into court;

(b) the power of the court to decide objections to its production (in evidence) or admissibility;

(c) the procedure to be followed for the purpose of exercising the power referred to at (b) above; and

(d) the translation of the document.

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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