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Report No. 69

IV. Definitive Judgment

6.11. The second test is the test of definitive judgment. In the Indian Penal Code1, section 20, "Court of Justice" is defined as meaning a Judge or body of Judges empowered by law to act judicially, when such Judge or body of Judges is acting judicially. In the same Code, section 19, the expression "Judge" is defined in terms which require a power to give a definitive judgment. For the purposes of that Code, the definition has, on the whole, worked well.

1. Sections 19-20, I.P.C.

V. Legal Power to Take Evidence

6.12. Definition of "court" in the Evidence Act.-

The next statutory test is to be found in the Evidence Act, where the definition of "court" includes all judges and magistrates and all persons except arbitrators legally authorised to take evidence The emphasis in the Penal Code1 is on the power to give definitive judgments-that being an essential ingredient of the definition of "judge" in the Code. In the Evidence Act, on the other hand, the emphasis is on the authority to take "evidence".

1. Sections 19-20, (supra).

Indian Evidence Act, 1872 Back

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