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Section 121 - Judges and Magistrates | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 121The Bharatiya Sakshya Adhiniyam, 2023 Section 127

Indian Evidence Act, 1872

Section 121

Judges and Magistrates

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Indian Evidence Act, 1872

121. Judges and Magistrates

No Judge or Magistrate shall, except upon the special order to some Court to which he is subordinate, be compelled to answer any questions 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 Session, 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 Session 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 Session of  attempting to murder a police officer whilst on his trial before a Session Judge. B may be examined as to what occurred.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 127

Judges and Magistrates

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The Bharatiya Sakshya Adhiniyam, 2023

127. 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 Session, 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 Session 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 Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.

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