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Report No. 88

10.11. Residual categories.-

There are other residual circumstances in which privilege is claimed. This is the residual category under "public interest". It seems, that in England this category is defined by reference to specific heads, such as, the prevention of specific crimes and the maintaining of the morale of the armed forces of the Crown. However, even these specific heads have not escaped criticism, judicially1 and otherwise2 According to Cross3-

"It is difficult to believe that all the cases mentioned (by him) under the head of other national interests would be followed today". Cross cites the following observations of Lord Hailsham of St. Marylebone4:

"The categories of public interest are not closed, and must alter from time to time, whether by restriction or extension, as social conditions and social legislation develop".

1. Regrossnor Hobe (No. 1), (1963) 3 All ER 426, on appeal (1964) 1 All ER 92.

2. Articles in (a) 79 LQR 37 (153, 487);

(b) 80 LQR 24 (158);

(c) 1963 Public Law 405.

3. Cross Evidence, (1979), p. 309.

4. D.V.N.S.P.C.C., 1978 AC 71 (230).

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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