Indian Evidence Act, 1872 · Section 121

IEA 121 in BSA: Section 127

Section 121 of the Indian Evidence Act, 1872 corresponds to Section 127 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 121 deals with judges and Magistrates. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 121 is now BSA 127.

Judges and Magistrates

Carried over
Old wording kept in full
Old · IEA 1872 · Ch. IX
s. 121
Judges and Magistrates
No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.
Illustrations
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.
(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.
(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. IX
s. 127
Judges and Magistrates.
No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.
Illustrations.
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.
(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court
(c) A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
Text from India Code

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