"Under the Indian Evidence Act, 1872, there are some facts of which evidence cannot be given though they are relevant." Explain.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
"Under the Indian Evidence Act, 1872, there are some facts of which evidence cannot be given though they are relevant." Explain.
Answer & Explanation:
Under the Indian Evidence Act, 1872 (the Act) there are some facts of which evidence cannot be given though they are relevant, such as facts coming under Sections 121 to 129 of the Act, where evidence is prohibited under those Sections. They are also referred to as 'privileged communications'. A witness though compellable to give evidence is privileged in respect of particular matters within the limits of which he is not bound to answer questions while giving evidence. These are based on public policy. Evidence of Judges and Magistrates Under Section 121 of the Act, no Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate. He may be examined as to other matters which occurred in his presence whilst he was so acting. Communications during marriage Under Section 122 of the Act, communication between the husband and the wife during marriage is privileged and its disclosure cannot be enforced. This provision is based on the principle of domestic peace and confidence between the married couple. The Section contains two parts: the first part deals with the privilege of the witness while the second part of the Section deals with the privilege of the husband or wife of the witness. Evidence as to affairs of State Section 123 of the Act applies only to evidence derived from unpublished official record relating to affairs of State. According to Section 123, no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. Official Communications Section 124 of the Act talks about official communications. It states that a public officer cannot be compelled to disclose any communication made to him in official confidence if he believes that such disclosure could harm the public interests. Secret Informants Section 125 of the Act states that a Magistrate or a Police Officer cannot be compelled to reveal as to how they got any information regarding the commission of a crime. The section further states that a Revenue Officer cannot be compelled to reveal as to how he got any information regarding the commission of any offence against the public revenue. Professional communications Section 126 to 129 deal with the professional communications between a legal adviser and a client, which are protected from disclosure. A client cannot be compelled and a legal adviser cannot be allowed without the express consent of his client to disclose oral or documentary communications passing between them in professional confidence. The rule is founded on the impossibility of conducting legal business without professional assistance and securing full and unreserved communication between the two. Under Sections 126 and 127 neither a legal adviser i.e., a barrister, attorney, pleader or vakil (Section 126) nor his interpreter, clerk or servant (Section 128) can be permitted to disclose any communication made to him in the course and for the purpose of professional employment of such legal adviser or to state the contents or condition of any document with which any such person has become acquainted in the course and for the purpose of such employment.
Topics: General Laws
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