IEA Section 121: Judges and Magistrates
Indian Evidence Act, 1872 · Chapter 9: Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
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 Sessions, 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 Sessions 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 Sessions of attempting to murder a police officer whilst on his trial before B, a Session Judge. B may be examined as to what occurred.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 118. Who may testify
- 119. Dumb witnesses
- 120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
- 122. Communications during marriage
- 123. Evidence as to affairs of State
- 124. Official communications
- 125. Information as to commission of offences
- 126. Professional communications
- 127. Section 126 to apply to interpreters, etc
- 128. Privilege not waived by volunteering evidence
- 129. Confidential communications with legal advisers
- 130. Production of title-deeds of witness not a party
- 131. Production of documents or electronic records which another person, having possession, could refuse to produce
- 132. Witness not excused from answering on ground that answer will criminate
- 133. Accomplice
- 134. Number of witnesses