Evidence Act · s 121

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s 121Judges and Magistrates

No Judge and, except upon the special order of the High Court, no

Magistrate shall 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 High Court, says that a deposition was improperly taken by

B, the committing Magistrate. B cannot be compelled to answer questions as to this except upon the special order of the High Court.

(b)

A is accused before the Court of a Magistrate of having given false evidence before

B, a Magistrate. B cannot be compelled to say what A said except upon the special order of the High Court.

(c)

A is accused of attempting to murder a police officer whilst on his trial before B, a

Judge of the High Court. B may be examined as to what occurred.