INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
121. Judges and Magistrates.
127. Judges and Magistrates.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
121. Judges and Magistrates. –– No Judge or Magistrate shall, except upon the special order of
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 B, a Sessions Judge. B may be examined as to what occurred.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
127. Judges and Magistrates.—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.
Current law India Code — BSA 2023