Privileged Documents : A Study of Sections 123 and 124 of the Indian Evidence Act
By
Divya D.
Introduction
Sections 122 to 127 of the Indian Evidence Act, 1872 provides exceptions to the general rule that all evidence must be produced before the court. Section 123 and Section 124 deal with official communications which has been the matter of study in this paper. ‘Privilege’ as is extended to a limited number of people is available to the Government. This is not to ensure the efficient working of the Government but to prevent any kind of injury to public interest.
The study of privilege becomes important in understanding situations where the twin claims of Government confidentiality and individual justice compete. The concept of providing privilege has been attacked considering the democratic nature of the Constitution which embodies in it the right of a citizen to know what its Government is doing. In such a situation, the privilege as provided in the provisions has been put to restricted use.
The paper proceeds in unde ....