Multiple Choice Questions on Under section 123 of the Evidence Act for determining a question when a claim of privilege is m........... for Judicial Services (Master) Preparation

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Multiple Choice Questions

Under section 123 of the Evidence Act for determining a question when a claim of privilege is m...........

Indian Evidence Act (IEA) 1872 Examination of Witnesses
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    Under section 123 of the Evidence Act, for determining a question when a claim of privilege is made, the court is required to pose the following question/questions–

    Whether the document in respect of which privilege is claimed, is really a document (unpublished) relating to any affairs of state.

    Incorrect Answer

    Whether disclosure of the contents of the document would be against public in interest?

    Incorrect Answer

    Either (a) or (b)

    Incorrect Answer

    Both (a) and (b)

    Correct Answer
    Explanation:

    - Section 123 of the Evidence Act deals with the privilege concerning unpublished official records relating to the affairs of the state.

    - Option 1: The court needs to decide if the document relates to state affairs. This means checking if the document is unpublished and whether it concerns government matters.

    - Option 2: It must determine if revealing the document's contents would harm public interest.

    - Option 3: This suggests either deciding based on document type or public interest risk.

    - Option 4: Requires consideration of both document nature and potential public interest harm.

    Correct Answer: Option 4 - Both (a) and (b)

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    By: santosh
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