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Report No. 88

7.6. Machinery.-

For implementing the second part of section 162 (adjudication upon the issue of privilege), some machinery is obviously needed. This is the third part of section 162. It compresses, in effect, two different topics:

(i) inspection of the document-the court is given this power, unless the document relates to "matters of State".

(ii) taking of other evidence by the court to enable it to decide the objection.

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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