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Report No. 88

10.6. The principle.-

The principle as emerging from various judicial decisions in England has been stated thus in the leading English book on Evidence1:-

"Relevant evidence must be excluded on the ground of public policy when it concerns certain matters of public interest considered to be more important than the full disclosure of facts to the court and when it relates to miscellaneous matters connected' with litigation".

1. Cross Evidence, (1979), p. 304.

10.7. The rule specifically relating to public interest has been simply stated as follows1:-

"Relevant evidence must be excluded if its reception would be contrary to State interest, but 'State interest' is an ominously vague expression and it is necessary to turn to the decided cases in order to ascertain the extent to which this objection to the reception of relevant evidence has been taken". Some illustrative cases may be mentioned.

1. Cross Evidence, (1979), p. 306.

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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