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

Ravi, a clerk in a State department, is summoned as a witness in a civil suit and wishes to testify from unpublished official records relating to affairs of State. Under the Bharatiya Sakshya Adhiniyam, 2023, whose permission is required before he may give such evidence?

Permission must come from the officer at the head of the department concerned. Under Section 129, no one may give evidence from unpublished official records relating to affairs of State without it, and that officer may grant or refuse permission as he thinks fit.

  1. AThe Presiding Judge of the Court trying the suit
  2. BThe officer at the head of the department concernedCorrect
  3. CThe Advocate General of the State
  4. DThe party who summoned him as a witness

Explanation

Section 129 bars evidence derived from unpublished official records relating to affairs of State unless the officer at the head of the department concerned permits it. That officer may give or withhold permission as he thinks fit. The Court itself does not grant this permission, so option A is wrong.

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