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Report No. 88

1.5. The State.-

Most of these privileges are enjoyed by private persons. For example the law confers upon the individual the constitutional privilege of not incriminating himself, it also accords a privileged status to confidential communications between attorney and client; husband and wife and between certain other communicants in special private relationships.1 But we are concerned here with a situation where the claim is by the State to withhold a document, or evidence, on the ground that the disclosure will be prejudicial to the public interest. This is the privilege dealt with in section 123, Evidence Act, which prohibits the giving of evidence derived from unpublished official records relating to affairs of State except with the permission of the head of the Department.

1. Graham C. Lilly An Introduction to the Law of Evidence, (1978), p. 317.

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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