Section 121 of evidence act provides for privilege in respect of
Answers
Answer:
Explanation:
Judges and Magistrates.—No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Illustrations
(a) A, on his trial before the Court of Sessions, says that a deposition was improperly taken by B, the Magistrate. B 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 Sessions of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.
(c) A is accused before the Court of Sessions of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
Section 121 - Indian Evidence Act of 1872.
- This act focuses on Judge and the Magistrate.
- The Judge or the Magistrate is not compelled to answer any questions regarding his conduct. They will be compelled only when a special order is provided by the court.
- When a person in the court states that the deposition was improperly taken by the Magistrate, the Magistrate is not compelled to answer such questions.
- If the statement made by the person is proved to be wrong, then the Magistrate is not allowed to ask the court for its statement or verdict.