Evidence Act · 2014 Revised Edition · Chapter IX
121. Judges and Magistrates
Official textFrom Attorney General's Chambers, unchanged
No Judge and, except upon the special order of the High Court, no
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
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, 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.
A is accused before the Court of a Magistrate of having given false evidence before
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
B, a Magistrate. B cannot be compelled to say what A said except upon the special order of the High Court.
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.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.