13-09-2023

Evidence Law Notes X

Privileged communication
Maintain the sanctity of that profession.
Relationship trust.
Exception to a general rule – A witness is bound to tell the whole truth and
produce any document in his possession/power.
These are the cases in which the witness is privileged and thereby cannot be
bound to answer questions while giving evidence.
Even when a witness wants, he cannot disclose certain facts. Such
communication is known as privileged communication.
It can be divided into two heads:
1. Where the law is giving privilege from disclosing
2. Where the law is prohibiting from closing
Britney Spears case – Father took legal custody of finances.
X vs Y – Aids patient marriage case where Court says life is endangered so its an
exception.

Section 121:
Judge or magistrate shall not be compelled to answer questions as to –
1. Their conduct in court as Judge or magistrate
2. Anything which came to their knowledge in court by the virtue of being a
judge or magistrate. (But – May be examined as to matters which occur
in his presence while he was so acting)
Exception – Upon order of superior Court.
Other matters as in – Apart from the case at hand.
Other matters -?

A person shall not be compelled to disclose any communication made to him

during marriage by any person to whom he is married.
Neither compelled nor permitted to disclose the communication. The privilege
is only applicable to communication made during marriage, anything said
before or after is not included.
This section is based on public policy to protect the marriage.
Waived.
Ram Bharosey vs State of UP:

Section 123:
Founded on the maxim “Salus Populi est suprema lax” – regard for public
welfare is the highest law.
No person shall be permitted to give any evidence derived from unpublished
public records relating to affairs of the State.
Exception – express permission from the head of the department who has
absolute discretion.
Section 124:
No public officer shall be compelled to disclose communications made to him
in official confidence when he considers that the public interests would suffer
by the disclosure.
Section 125:
No magistrate or police officer shall be compelled to say from where he got any
information as to the commission of any offence, and no revenue officer shall
be compelled to say from where he got any information as to the commission
of any offence against the public revenue.
If the tips or info about the informer is compelled out, then the safety of the
informer would be in danger and then the people will not give information
going forward.
Section 126:
Professional communication:
If communication is disclosed – professional misconduct.
Friendly advice given in lieu of personal relationship is not covered by Section
126 and can be disclosed.
Section 127:
Section 126 – applies to office staff, helpers, interpreters, paralegal, clerk of
lawyers.

Section 129: