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Section 121 - 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.
Related Sections
- Section 7: Facts which are the occasion, cause or effect of facts in issue
- Section 87: Presumption as to books, maps and charts
- Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence
- Section 21: Proof of admissions against persons making them, and by or on their behalf
- Section 125: Information as to commission of offences