'A' is accused before a Court of Sessions of attempting to murder a police officer whilst on his trial…
Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 121 of the Indian Evidence Act) bars compelling a Judge only as to his own conduct in court as such…
Choose your answer
'A' is accused before a Court of Sessions of attempting to murder a police officer whilst on his trial before 'B', a Sessions Judge. Can 'B' be examined as a witness under the above situations as to what has occurred in his presence?
Answer and explanation
Correct answer A
Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 121 of the Indian Evidence Act) bars compelling a Judge only as to his own conduct in court as such Judge, and illustration (c) to the section says that the Sessions Judge before whom the accused attempted the murder "May be examined as to what occurred".
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