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Report No. 88

IV. U.S.A.

10.27. Position in U.S.A.-

The decision of 1953.-The case law on Governmental privilege in the U.S.A. has not been so rich and profuse as in Commonwealth jurisdictions. But at least two judicial decisions are noteworthy. The first is U.S. v. Reynolds, (1954) 345 US 1, which established the proposition that it is the judiciary that decides whether the privilege claimed on a particular occasion is justified or not.

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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