The proposed Bharatiya Sakshya (BS) Bill that seeks to replace the Indian Evidence Act of 1872 “bars the courts from inquiring into any privileged communication between Ministers and the President of India”.
Although Article 74(2) of the Constitution states this, the Union government seeks to give it legal backing by making it part of the evidence book. The government, however, has not clearly defined what constitutes “privileged communication”, leaving the provision open to interpretation.
G.S Bajpai, Vice-Chancellor, National Law University, Delhi, who was part of the government-appointed Committee for Reforms in Criminal Law that laid the framework for the three criminal codes, told The Hindu that the definition of privileged communication had to be ascertained first.
