Judges and Magistrates
AI Assist
Summary
A Judge or Magistrate cannot be forced to answer questions about how they acted in Court or about information that came to them in Court, unless a superior Court that they are subordinate to issues a special order. They may be questioned about other events they personally witnessed while acting. This protects routine inquiry into judicial acts without higher approval.
Example
Rohan is on trial in Sessions Court and claims that a deposition was improperly taken by Karan, the Magistrate. Karan cannot be compelled to explain his conduct in Court unless the superior Court to which he is subordinate issues a special order. If Karan actually saw an assault in Court, he could be questioned about that incident.
Bare Act
Enacted textNo 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.
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(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.
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(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.
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(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.
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