Section 121 IEA: Judges and Magistrates

Indian Evidence Act, 1872

Section 121 IEA at a Glance

Section 121 IEA deals with judges and Magistrates. From 1 July 2024 it is replaced by Section 127 BSA.

Now BSA

Section 127 →

Section 121 IEA Bare Act Text

121. 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 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 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.

Source: Section 121, Indian Evidence Act, 1872

Section 121 IEA in Simple Words

Section 121 of the Indian Evidence Act, 1872 protected a Judge or Magistrate from being forced to give evidence about official work in court unless a higher court ordered it.

Under the Act, a Judge or Magistrate could not be forced to answer questions about the conduct of that Judge or Magistrate in court while acting in a judicial role. The same rule covered anything learned in court while acting as a Judge or Magistrate. For instance, a Magistrate could not be forced to answer whether a deposition (a recorded witness statement) was taken improperly, or be asked what an accused person said when giving alleged false evidence before that Magistrate.

A court to which the Judge or Magistrate was subordinate (lower in rank and under the authority of that higher court) could issue a special order allowing questioning on those matters. In addition, a Judge or Magistrate could be examined as a witness about other events that took place in the presence of that judicial officer while acting in court, such as an attempted murder of a police officer during a trial.

When Section 121 IEA Applies

  • Applies to a Judge or Magistrate when questioned about the conduct of that Judge or Magistrate in court while acting in a judicial capacity.
  • Applies to a Judge or Magistrate when questioned about anything that came to the knowledge of that Judge or Magistrate in court while acting in a judicial capacity.
  • Applies when a court to which the Judge or Magistrate is subordinate issues a special order, permitting the Judge or Magistrate to be compelled to answer.
  • Applies when a Judge or Magistrate is examined as a witness about other matters that took place in the presence of that judicial officer while acting in court.

Example of Section 121 IEA

In 2021, Ramesh is involved in a dispute in a Lucknow court and asks the court to compel Magistrate Anita to testify about matters learned in court while presiding over an earlier hearing. Ramesh has not obtained a special order from a superior court to which Magistrate Anita is subordinate. Under Section 121 IEA, Magistrate Anita cannot be forced to answer questions about anything learned in court as a Magistrate without that special order.

When Section 121 IEA Does Not Apply

  • Does not prevent compelling a Judge or Magistrate to answer questions when a court to which that Judge or Magistrate is subordinate makes a special order.
  • Does not prevent examining a Judge or Magistrate about other matters that took place in the presence of that Judge or Magistrate while acting in court.

Section 121 IEA in the BSA

Section 121 IEA is now covered under Section 127 BSA.

Section 121 of the Indian Evidence Act, 1872 became Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. A one-word drafting edit.

View detailed comparison (IEA 121 vs BSA 127) →

FAQs on Section 121 IEA

What is Section 121 IEA?▼

Section 121 of the Indian Evidence Act, 1872 stated that a Judge or Magistrate could not be forced to answer questions about the conduct of that judicial officer in court, or about anything learned in court in that role, without a special order from a superior court. It also allowed a Judge or Magistrate to be examined about other events that occurred in the presence of that officer while acting in court.

Could a Magistrate be forced to testify about whether a deposition was recorded properly under Section 121 IEA?▼

No. Without a special order from a superior court to which the Magistrate was subordinate, the Magistrate could not be forced to answer questions about whether a deposition was improperly taken.

Could a Judge be examined as a witness about an attack that happened in the courtroom under Section 121 IEA?▼

Yes. Section 121 IEA allowed a Judge or Magistrate to be examined about other matters that happened in the presence of that judicial officer while acting in court, such as an attempted murder of a police officer during a trial.

What is Section 121 IEA in BSA?▼

Section 127 BSA replaced Section 121 IEA on 1 July 2024 with no substantive change, except that the word questions was changed to question.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·