The 'Privileged Communications' are based on Public Policy and a witness cannot be compelled to answer the same during the evidence in the Court or before any other authority. Explain in brief.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2019
The 'Privileged Communications' are based on Public Policy and a witness cannot be compelled to answer the same during the evidence in the Court or before any other authority. Explain in brief.

Answer & Explanation:

There are some facts of which evidence cannot be given though they are relevant, such as facts coming under Sections 122, 123, 126 and 127 of the Indian Evidence Act, 1872, where evidence is prohibited. 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 and are: Evidence of a Judge or Magistrate in regard to certain matters (Section 121) Communications during marriage (Section 122) Affairs of State (Section 123) Official Communications (Section 124) Source of Information of a Magistrate or Police officer or Revenue officer as to commission of an offence or crime (Section 125) In the case of Professional Communication between a client and his barrister, attorney or other professional or legal advisor (Sections 126 and 129). But this privilege is not absolute and the client is entitled to waive it. 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 spouses.

Topics: Law of Evidence

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