EVIDENCE LAW SYNOPSIS

INTRODUCTION

Law is universal and like every law it has its exceptions. Privilege in law is one such
exemption of law. Privilege is an exemption from some duty, burden or attendance to which
certain persons are entitled; from a supposition of law usually. It is a right or immunity
granted as a peculiar benefit; advantage or favour; a peculiar or personal advantage or right,
especially when enjoyed in derogation of a common right. Privilege in its most extended
sense, comprehends by far every prerogative, exemption and immunity offered.

State privilege is one facet of privilege in general offer. State privilege is special dispensation
given to state under section 123, 124 and 162 of the Indian Evidence Act. Section 123 and
124 hold that disclosure of secret information contained in unpublished state papers are
privileged from production on the ground of public policy or as being detrimental to the
public interest or service. Moreover no public officer shall be compelled to disclose
communications made to him in official confidence, when he considers that the public
interests would suffer by disclosure.

LITERATURE REVIEW

The Constitution in Article 14 holds that everybody is equal before law, event the state or in
pragmatic sense the government. This equality is given to fulfil the purpose of law, which is
justice. Theorists as far removed from one another as Acquinas and Salmond have claimed
justice as the goal of law was indeed for them in the logical part of very notion of law. Even
the well known positivist Austin held importance of the two concepts although denied any
logical connection.

In Beatson v. Skene Justice Pollock held, “ We are of the opinion that if the production of a
state paper would be injurious to the public service, the general public interest must be
considered paramount to the individual interest of a suitor in a court of justice.”

SCOPE AND APPLICATION OF PROVISION

The principle underlying the rule contained in section 123,124 and 162 is founded on the
general rule of public policy. General public interest must be considered to be far greater
importance than that of an individual suitor. It will pertain to Indian Evidence Act 1872,
Constitution of India and Indian Penal Code.

RESEARCH QUESTIONS

 Whether the given provisions of the State privileges, Section 123,124 and 162 are in
line with norms and values of Equality enshrined in the Constitution of India?
 How to demarcate the line of difference between the public interest and private
interest in the cases involved through various judgements?
HYPOTHESIS

General Public Interest should always be of more importance than private interest in any
criminal case against the State or State officials or Involving documents published or
unpublished by the State authority.

RESEARCH METHODOLOGY

The researcher will employ doctrinal research methodology through the critical analysis of
Case laws, Law Commission Report and related articles of Indian Constitution.

TENTATIVE CHAPTERISATION

The first chapter would deal with detailed introduction to the overview of the project, the
second would include the analysis of the sections and case laws, and the third chapter would
include the solution to the research problems and provide a Conclusion to the same.

BIBLIOGRAPHY

 SP Gupta v. President of India

 Indian Constitution
 Indian Evidence Act 1872
 88th Law Commission Report
 Pollock, Jurisprudence and Legal Essays (ed-Goodhart)
 Aspects of Justice- SK Allen