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Report No. 88

8.5. Suggested provision.-

In the light of the above, it will be necessary to insert a suitable provision in both the Codes at the appropriate place, somewhat on the following lines:-

"Any person aggrieved by the decision of any court subordinate to the High Court rejecting a claim for privilege made under section 123 or section 124 of the Indian Evidence Act, 1872 shall have a right of appeal to the High Court against such decision and such appeal may be filed notwithstanding the fact that the proceeding in which the decision was pronounced by the Court is still pending."

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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