The privilege to withhold the documents/information under the administrative law is enacted in which of the following Sections of the Evidence Act?

Solution (By Examveda Team)

Definition of Privilege to Withhold Documents/Information:
Under the Indian Evidence Act, certain documents or information can be withheld from disclosure on the grounds of public interest, privilege, or confidentiality. This is particularly relevant in cases involving state secrets, confidential communications, and official records.

Explanation of the Correct Answer:
The correct answer is Option C: Section 123.

Section 123 of the Indian Evidence Act:
This section states that:
No one shall be permitted to give any evidence derived from unpublished official records relating to affairs of state, except with the permission of the head of the department concerned, who shall decide whether such disclosure would be in the public interest.

This means that if a document is an unpublished official record concerning state affairs, it cannot be disclosed without the government's approval. This privilege is granted to protect sensitive information that may affect national security, public administration, or other governmental functions.

Explanation of Other Options:
Option A: Section 120 – Incorrect. This section deals with the competency of witnesses, stating that a husband or wife can testify against each other in civil or criminal proceedings.

Option B: Section 126 – Incorrect. This section relates to professional communication between an attorney and a client, preventing an advocate from disclosing confidential communications made during their professional engagement.

Option D: Section 98 – Incorrect. This section deals with the interpretation of words in documents and does not concern the privilege to withhold information.

Thus, the correct answer is Option C: Section 123, as it explicitly addresses the privilege of withholding official documents/information under administrative law.