Section 123 of the Indian Evidence Act bars evidence derived from **un…

Question

Section 123 of the Indian Evidence Act bars evidence derived from **unpublished official records relating to affairs of State**. Such evidence may be given only with:

Accepted Answer

C. {'text': 'The permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit', 'label': 'C'}

1. Section 123 of the Act bars disclosure of unpublished official records relating to **affairs of State**.
2. The lesson reproduces the gateway: "no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, **except with the permission of the officer at the head of the department concerned**, who shall give or withhold such permission as he thinks fit."
3. The privilege rests on **public interest** in confidentiality.
4. Section 124 separately protects "official communications" of public officers.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._

Answer

{'text': 'A written order of any officer of any State Government of any rank in any department of any kind regardless of the level at which the records are maintained or the department in which they are kept', 'label': 'A'}

Answer

{'text': 'A formal warrant issued by a Judicial Magistrate of the first class of competent jurisdiction in respect of the records sought to be produced in the proceedings', 'label': 'B'}

Answer

{'text': 'A written order of the Prime Minister of India in respect of the records sought to be produced in any judicial proceeding under any law in force in any State of India', 'label': 'D'}