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Witness cannot be compelled to make particular statements or to produce documents

1. No Judge or Magistrate can be compelled to answer question as to —

(i) His own conduct, or

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(ii) Anything which came to his knowledge, in Court as such Judge or Magistrate,

Except—

(i) Under a special order of a superior Court, or

(ii) As regards other matters which occurred in his pre­sence whilst he was so acting. (S. 121)

Illustration:

(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. Â cannot be compelled to answer questions as to this, except upon the special order of a superior Court.

(b) A is accused before the Court of Session of having given false evidence before 6, a Magistrate. Â cannot be asked what A said, except upon the special order of the superior Court.

(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge. Â may be examined as to what occurred.

2. No person who, is or has been, married can be compelled to disclose any communication made to him during marriage by the person to whom he is or has been married. (S. 122)

S. 122 applies only to communications made during a valid marriage and the rule also applies after a marriage has been dissolved or after one of the parties has died. A communication between husband and wife, which has been heard or seen by a third person may be proved by the latter because the section only refers to the parties to the marriage.

3. No public officer can be compelled to disclose co­mmunications made to him in official confidence, when he considers that the public interests would suffer by the disclosure. (S. 124).

4. No Magistrate or Police- officer can be compelled to say whence he got any information as to the commission of any offence, and no Revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. (S. 125)

5. No person taking legal advice can be compelled to disclose to the Court any confidential communication between him and his legal professional adviser.

Exception:

When a person offers himself as a witness, he may be compelled to disclose any such communications necessary to be known in order to explain any evidence which he has given, but no others. (S. 129)

6. No witness who is not a party to a suit can be compelled to produce

(a) His title deeds to any property, or

(b) Any document

(i) By which he holds any property as pledgee or mortgagee, or

(ii) The production of which might tend to criminate him,—

Unless he has agreed in writing to produce them with the person seeking their production or some person through whom he claims. (S. 130)

7. No person can be compelled to produce documents in his possession, or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control unless such last- mentioned person consents to their production. (S. 131)

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