Section 127 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 in English:
📜 Section 127: Judges and Magistrates
Text of Section 127:
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.(thebharatiyanyayasanhita.in)
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.(thelawadvice.com)
(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.(myjudix.com)
(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.(thebharatiyanyayasanhita.in)
🧠 Understanding Section 127
Section 127 establishes the principle of judicial immunity, protecting Judges and Magistrates from being compelled to testify about their own conduct or knowledge acquired during court proceedings, unless a superior court issues a special order. This provision ensures the independence and impartiality of the judiciary by preventing undue interference in judicial functions.(kanoongpt.in)
⚖️ Legal Context and Application
This section is crucial in maintaining the sanctity of judicial proceedings. It prevents litigants from challenging the integrity of judicial officers by compelling them to testify about their conduct or knowledge gained during court sessions. The exceptions provided ensure that in cases of serious allegations, a higher court can intervene if necessary.
📌 Practical Example
Scenario 1: During a trial, a defendant claims that a deposition was improperly taken by a Magistrate. Under Section 127, the Magistrate cannot be compelled to testify about this matter unless a superior court issues a special order.(thebharatiyanyayasanhita.in)
Scenario 2: If a witness alleges that they gave false evidence before a Magistrate, the Magistrate cannot be questioned about the witness's statement unless a higher court authorizes it.(apnilaw.com)
Scenario 3: In a case where a police officer is allegedly attacked during a trial, the Sessions Judge who presided over the trial may be examined about the events that occurred during that session.(vidhiadda.com)
📌 Significance of Section 127
Judicial Independence: It safeguards judges and magistrates from being coerced into testifying about their conduct, preserving the autonomy of the judiciary.
Prevention of Harassment: It protects judicial officers from being harassed or intimidated through frivolous questioning about their conduct in court.
Ensuring Fair Trials: By limiting the circumstances under which judicial officers can be compelled to testify, it ensures that the focus remains on the facts of the case rather than on the conduct of the judge or magistrate.
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