'A' is accused before the Court of Sessions of attempting to murder a police officer whilst on his…
Section 121 protects a judge from compelled questioning about judicial conduct/knowledge in that judicial capacity absent the superior court’s special order, but permits…
Choose your answer
'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'
Answer and explanation
Correct answer B
Section 121 protects a judge from compelled questioning about judicial conduct/knowledge in that judicial capacity absent the superior court’s special order, but permits examination about other events occurring in the judge’s presence. Illustration (c) expressly allows examination of B about A’s attempted murder of a police officer during trial. That collateral event is not an inquiry into B’s adjudicative conduct.
Current law: BSA section 127 retains this distinction and attempted-murder illustration; section 170 saves specified pending Evidence Act proceedings.
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