Judges and Magistrates
AI Assist
Summary
A Judge or Magistrate cannot be forced to answer questions about their conduct in court or about things that came to their knowledge in court, unless a superior Court issues a special order. They can, however, be examined about other events that occurred in their presence while they were acting as Judge or Magistrate. The protection applies only to matters connected with their official role in court.
Example
Priya is accused in the Sessions Court and says a deposition was wrongly taken by Magistrate Rohan. Rohan cannot be forced to answer questions about how he recorded that deposition unless a superior Court gives a special order. He can still be asked about unrelated events he personally witnessed while presiding.
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 Sessions, 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 Sessions 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 Sessions of attempting to murder a police officer whilst on his trial before B, a Session Judge. B may be examined as to what occurred.
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