PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER IX OF WITNESSES

Section 127: Judges and Magistrates

The Bharatiya Sakshya Adhiniyam, 2023

No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question 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 B, a Sessions Judge. B may be examined as to what occurred.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

127	121. Judges and Magistrates.

Questions on this section

3 questions in 12 of our papers cite Section 127. Try these from the free papers:

1. A is tried before the Court of Session for having given false evidence before B, a Magistrate. The prosecution wishes to examine B to state what A said in his Court. Under Section 127 of the BSA:
2. Match List I (provision of the BSA) with List II (subject matter) and select the correct code: List I A. Section 127 B. Section 129 C. Section 130 D. Section 131 List II 1. Evidence derived from unpublished official records relating to affairs of State 2. Information received by a Magistrate or police officer as to the commission of an offence 3. Questions to a Judge or Magistrate as to his own conduct in Court 4. Communications made to a public officer in official confidence

Practise questions on Bharatiya Sakshya Adhiniyam