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Report No. 179

7.20 Powers of Competent Authority: (proposed section 7.-

The proposed section 7 deals with powers of the competent authority during the inquiry.

Proposed sub section (4) of section 7 precludes any 'privilege' to be claimed in regard to any evidence that may be produced except as provided in proposed sub section (5), where the disclosure might prejudice the security or defence or international relations of India or the ongoing investigation of crime; or might involve the disclosure of proceedings of the 102 Cabinet of the Union Government or any of its Committees. This is to be certified as stated in proposed sub section (5) and if so certified, the certificate shall be binding and conclusive.

Proposed sub section (6) provides that no person shall be compelled, for the purposes of inquiry, to give evidence or produce any document whenever he could not be compelled to give or produce in proceedings before a Court.

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