Certain class of persons cannot be compelled to give

evidence, “PRIVILLEGED COMMUNICATION”

They cannot be compelled not because they are not competent

to do so but because the public policy and interest of justice so
require for instance. A Judge or Magistrate cannot be
compelled to answer any question as to his conduct in Court as
such as to anything which came to his knowledge in Court as
such Judge or Magistrate. They are competent to testify and
there is no legal bar against giving evidence but there is
privilege granted to them in the interest of public policy.
Privilege of a witness and what is privileged
communication?
The privilege of a witness means the right of a witness to
withhold evidence to disclose certain matters. Article 4 to 15.
Privileged witnesses:-
1. Judges and Magistrates.
Public Officers in case of public interest communications.
2. Communication during the marriage, Article 5.
3. Evidence as to affairs of state, Article 6.
4. Official Communication, Article 7.
5. Information as to the commission of offences, Article 8.
6. Professional communication, Article 9.
7. Confidential communication with a legal advisor.

Privileges of a witness as regards the production of

documents in Court?
1. Production of the title deed of a witness, not a party.
2. Production of documents which another person having
possession could refuse to produce.
Duty of the witness, Summoned to produce documents:-
A witness summoned to produce a document shall if it is in his
possession or power bring it to Court, any objection which
there may be to its production or its admissibility. The validity
of any such objections shall be decided by the Court U/a 158.
(Rest of the details are discussed by me in my live class or in
my audio lectures please listen to them)
THANKS
KOKAB SAEED