Judges and Magistrates, Communications during marriage Section 121 and 122 of Indian Evidence Act 1872

Judges and Magistrates and Communications during marriage are defined under section 121 and 122 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 121 of Evidence Act "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.

 

Section 122 of Evidence Act "Communications during marriage"

No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married ; nor shall he be permitted to disclose any such communication , unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

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