A is accused before the Court of Session of attempting to murder a police officer whilst on his trial…
Illustration (c) to section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 121 of the Indian Evidence Act, 1872) expressly permits the Sessions Judge to be…
Choose your answer
A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. In this case, may B be examined?
Answer and explanation
Correct answer C
Illustration (c) to section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 121 of the Indian Evidence Act, 1872) expressly permits the Sessions Judge to be examined about the attempted murder occurring before him. The protection concerns compelled answers about his judicial conduct or knowledge gained as judge, subject to the higher court’s special order; it is not a blanket prohibition on evidence of this incident. Section 130 concerns official communications, a different protection.
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