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Report No. 88

10.28. The decision of 1974.-

The trend is confirmed by the famous case of United States v. Nixon, (1974) 418 US 683, which suggests that the privilege in the areas of "State" secrets and "official information" is qualified and gives way upon a judicial assessment that there are more important interests to be served by disclosure in a particular .case. To some extent, the decision in United States v. Nixon may be regarded as going further in the direction of liberality than the earlier decision in U.S. v. Reynolds, (1954) 345 US 1, inasmuch as judicial weighing of the conflicting considerations is now given a place of pride.

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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