IEA Section 121 — Judges and Magistrates

Summary

A judge or magistrate cannot be forced to answer questions about their own behaviour in court or about anything they learned while acting as a judge or magistrate, unless a higher court specifically orders it. However, they can be questioned about other things that happened in their presence while they were acting in that role.

Official Text

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.

Referred to by

• IEA §111A — Presumption as to certain offences
• IEA §165 — Judge's power to put questions or order production

Related Judgments

• MOHD. ARIF @ ASHFAQ vs STATE (NCT OF DELHI) — Supreme Court of India (2022)
• UNION OF INDIA vs ORIENT ENGG. & COMMERCIAL CO. LTD. & ANR — Supreme Court of India (1977)
• MOHD. ARIF @ASHFAQ vs HE REGISTRAR, SUPREME COURT OF INDIA & ORS — Supreme Court of India (2014)

Old <-> New Code Mapping

• BSA §127 — Judges and Magistrates