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Report No. 88

10.31. Draft Federal Rules of Evidence.-

Before the decision in U.S. v. Nixon was pronounced, there had been formulated in 1972, the draft federal rules of evidences, and it is desirable to quote the relevant provision as proposed therein, so as to show the thinking even at that time. This is how the rule as to governmental privilege was formulated in those rules-

"The Government has a privilege to refuse to give evidence and to prevent any person from giving evidence2 upon a showing of reasonable likelihood of danger that the evidence will disclose a secret of State or official information as defined in this rule."

1. Philip Kurland, in Los Angeles Times (22 June, 1975) referred to by Pritchett American Constitution, (1977), p. 250, f.n. 19.

2. Rule 509, Federal Rules of Evidence (1972) (proposed).

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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