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Report No. 84

7.30. Various amendments suggested in section 150.-

So far as the words referring to the various categories of "legal practitioners" are concerned, they should now be replaced by the word "advocate", and such a recommendation was, in fact, made by the Law Commission, in its Report on the Evidence Act.1

The Law Commission, in its Report on the Act, also recommended deletion of the words "or other authority" from this section. This would mean that the matter would be reported to the High Court. We would, however, recommend that instead of the matter being reported to the High Court, it should be reported to the State Bar Council, which (under the present statutory set up) is empowered to take appropriate disciplinary action in such cases. We, therefore, recommend that section 150 of the Evidence Act should be revised so as to read as under:-

Revised section 150, Evidence Act

"150. If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the State Bar Council."

1. Law Commission of India, 69th Report (Indian Evidence Act, 1872), para. 84.33.



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