This document discusses privileged communication and the privileges of witnesses in court. It notes that certain individuals, like judges and magistrates, cannot be compelled to provide evidence, not because they are incompetent but for reasons of public policy and justice. It outlines several types of privileged witnesses and communications that are protected, including communications between spouses, affairs of state, official communications, information about offenses, and professional communications with legal advisors. The document also discusses the privileges of witnesses regarding the production of documents in court and the duties of a witness who is summoned to produce a document.
This document discusses privileged communication and the privileges of witnesses in court. It notes that certain individuals, like judges and magistrates, cannot be compelled to provide evidence, not because they are incompetent but for reasons of public policy and justice. It outlines several types of privileged witnesses and communications that are protected, including communications between spouses, affairs of state, official communications, information about offenses, and professional communications with legal advisors. The document also discusses the privileges of witnesses regarding the production of documents in court and the duties of a witness who is summoned to produce a document.
This document discusses privileged communication and the privileges of witnesses in court. It notes that certain individuals, like judges and magistrates, cannot be compelled to provide evidence, not because they are incompetent but for reasons of public policy and justice. It outlines several types of privileged witnesses and communications that are protected, including communications between spouses, affairs of state, official communications, information about offenses, and professional communications with legal advisors. The document also discusses the privileges of witnesses regarding the production of documents in court and the duties of a witness who is summoned to produce a document.
Certain class of persons cannot be compelled to give
evidence, “PRIVILLEGED COMMUNICATION”
They cannot be compelled not because they are not competent
to do so but because the public policy and interest of justice so require for instance. A Judge or Magistrate cannot be compelled to answer any question as to his conduct in Court as such as to anything which came to his knowledge in Court as such Judge or Magistrate. They are competent to testify and there is no legal bar against giving evidence but there is privilege granted to them in the interest of public policy. Privilege of a witness and what is privileged communication? The privilege of a witness means the right of a witness to withhold evidence to disclose certain matters. Article 4 to 15. Privileged witnesses:- 1. Judges and Magistrates. Public Officers in case of public interest communications. 2. Communication during the marriage, Article 5. 3. Evidence as to affairs of state, Article 6. 4. Official Communication, Article 7. 5. Information as to the commission of offences, Article 8. 6. Professional communication, Article 9. 7. Confidential communication with a legal advisor.
Privileges of a witness as regards the production of
documents in Court? 1. Production of the title deed of a witness, not a party. 2. Production of documents which another person having possession could refuse to produce. Duty of the witness, Summoned to produce documents:- A witness summoned to produce a document shall if it is in his possession or power bring it to Court, any objection which there may be to its production or its admissibility. The validity of any such objections shall be decided by the Court U/a 158. (Rest of the details are discussed by me in my live class or in my audio lectures please listen to them) THANKS KOKAB SAEED