For the purposes of the Bharatiya Sakshya Adhiniyam, 2023, where 'A' is accused before the Court of…
Under section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 121 of the Indian Evidence Act, 1872), a judge's privilege against being examined covers only…
Choose your answer
For the purposes of the Bharatiya Sakshya Adhiniyam, 2023, where '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
Under section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 121 of the Indian Evidence Act, 1872), a judge's privilege against being examined covers only his own conduct in court as a judge, and he may be examined as to other matters which occurred in his presence whilst he was so acting. As Illustration (b) to the section shows, B, who witnessed an attempted murder occurring before him, "may be examined as to what occurred", without needing any special order from a superior court.
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