4. Judges and Magistrates. No Judge or Magistrate shall, except upon the special
order of some Court to which he is subordinate, be compelled to answer any questions
as to his own conduct in Court as Judge or Magistrate, or as to anything which come 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 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.
(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
(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.
5. Communications during marriage. No person who is or has been married shall
be compelled to disclose any communication made to him during marriage by any
person to whom he is or has been married; nor shall he be permitted to disclose any
such communication, unless the person who made it, or his representative ininterest,
consents, except in suits between married persons, or proceedings in which one married
person is prosecuted for any crime committed against the other
6. Evidence as to affairs of State. No one shall be permitted to give any evidence
derived from unpublished official records relating to any affairs of State, except with the
permission of the officer at the head of the department concerned, who shall give or
withhold such permission as he thinks fit.
Explanation.__In this Article, "official records relating to the affairs of State"
includes documents concerning industrial or commercial activities carried on, directly or
indirectly, by the Federal Government or a Provincial Government or any statutory body
or corporation or company set up or controlled by such Government.
7. Official communications. No public officer shall be compelled to disclose
communications made to him in official confidence, when he considers that the public
interests would suffer by the disclosure.
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