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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

A Collector's unpublished internal note on a State policy matter is relevant in a civil suit. A witness, Dinesh, wishes to depose about its contents. Which is correct under Section 129 of the Bharatiya Sakshya Adhiniyam, 2023?

Dinesh may depose only with permission of the officer at the head of the department concerned, who may grant or withhold it as he thinks fit. Section 129 makes this permission mandatory for evidence from unpublished official records relating to affairs of State, whatever its relevance.

  1. ADinesh may depose freely because the note is relevant
  2. BDinesh may depose only after the department head permits, and the head may withhold permission as he thinks fitCorrect
  3. CDinesh may depose if the opposing party consents
  4. DDinesh may depose if he gives an undertaking of confidentiality to the Court

Explanation

Section 129 prohibits evidence derived from unpublished official records relating to affairs of State except with the permission of the head of the department concerned, who may give or withhold it as he thinks fit. Relevance, party consent or an undertaking do not substitute for that permission.

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