Report No. 185

76. Substitution of section 131 to 133.-

For sections 131 to 133 of the principal Act, the following sections shall be substituted, namely:-

"131. Production of documents or electronic records which another person, having possession could refuse to produce.- No person who is in possession or control of documents or electronic records belonging to another, shall be compelled to produce the said documents or electronic records, if the person to whom they belonged, would have been entitled to refuse to produce them if they were in the possession or control of that person:

Provided that the person in possession or control of such documents or electronic records belonging to another, may be compelled to produce them, if the person to whom they belong, consents to their production.

132 Witness or accused not excused from answering on ground that answer will criminate.- (1) A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness or the spouse of the witness or that it will expose, or tend directly or indirectly to expose, such witness or spouse to a penalty or forfeiture of any kind.

(2) An accused person who offers himself as a witness under section 315 of the Code of Criminal Procedure, 1973, shall not be excused from answering any question as to any matter relevant to the matter in issue in the prosecution, on the ground that the answer to such question will criminate or may tend directly or indirectly to criminate the accused or the spouse of the accused; or that it will expose, or tend directly or indirectly to expose, the accused or the spouse to a penalty or forfeiture of any kind.

(3) Where any witness or accused is bound or feels bound to answer a question, under the provisions of this section whether he has objected to it or not, no such answer which-

(a) the witness gives to that question shall subject the witness or the spouse of the witness, as the case may be, to arrest or prosecution or be proved against them

(b) the accused gives to that question shall, save as otherwise provided in sub-section (2), subject the accused or the spouse of the accused , as the case may be, to arrest or prosecution or be proved against them in any criminal proceeding,

Provided that nothing contained in this sub-section shall apply to any answer which may amount to giving of false evidence.

132A. Disclosure of source of information contained in publication.- (1) No Court shall require a person to disclose the source of information contained in a publication for which he is responsible, unless it is established to the satisfaction of the Court that such disclosure is necessary in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to Contempt of Court or incitement to any offence.

Explanation.- For the purposes of this sub-section,

(a) 'publication' means any speech, writing, symbols or other representation disseminated through any medium of communication including through electronic media in whatever form, which is addressed to the public at large or to any section of the public.

(b) "source" means the person from whom, or the means through which, the information was obtained.

(2) The Court while requiring any person to disclose the source of information under subsection (1), shall assess the necessity for such disclosure of the source as against the right of the journalist not to disclose the source."

132B. Communication with patent agents:.- (1) Any communication as to any matter relating to the protection of any patent or as to any matter involving passing off.-

(a) between a party and his patent agent, or

(b) for the purpose of obtaining, or in response to a request for information which a party is seeking for the purpose of instructing his patent agent, is privileged from disclosure in legal proceedings in the same way as a communication between a client and his legal practitioner or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a client seeks for the purpose of instructing his legal practitioner.

(2) For the purposes of subsection (1.-

(a) 'patent agent' means

(i) a patent agent registered as a patent agent in the register of patent agents maintained pursuant to the provisions of the Patent Act, 1970, or

(ii) a partnership entitled to describe itself as a firm of patent agent;or

(iii) a body corporate entitled to describe itself as a patent agent.

(b) 'party' in relation to any contemplated proceedings, means a prospective party thereto.

(c) 'legal practitioner' means a person as defined in Explanation 2 of section 126.

132C. Communication with Trademark Agent.- (1) Any communication, as to any matter relating to the protection of any trademark or as to any matter involving passing off.-

(a) between a party and his trademark agent; or

(b) for the purpose of obtaining, or in response to a request for information which a party is seeking for the purpose of instructing his trademark agent, is privileged from disclosure in legal proceedings in the same way as a communication between a client and his legal practitioner or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a client seeks for the purpose of instructing his legal practitioner.

(2) For the purposes of subsection (1)-

(a) 'trademark agent' means

(i) a trademark agent as defined under section 145 of the Trade Marks Act, 1999;

(ii) a partnership entitled to describe itself as a firm of registered trademark agents, or

(iii) a body corporate entitled to describe itself as a registered trademark agent.

(b) 'party' in relation to any contemplated proceedings means a prospective party thereto.

(c)'legal practitioner' shall have the same meaning assigned to it in Explanation 2 of section 126.

133. Accomplice.- An accomplice shall be a competent witness against an accused person but his evidence is unworthy of credit unless he is corroborated in material particulars:

Provided that where the accomplice is a person whose evidence, in the opinion of the Court, is highly creditworthy as not to require corroboration, a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

Illustrations

(a) A, a person of the highest character, is tried for causing a man's death by an act of negligence in arranging certain machinery. B, a person of equally of good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself. The evidence of B shall have to be considered by the Court, while deciding on the negligence of A.

(b) A crime is committed by several persons. A, B and C, three of the criminals are captured on the spot and kept apart from each othe.- each gives an account of the crime implicating D, and the accounts corroborate each in such a manner as to render the previous concert highly improbable. The variance in the different accounts of facts given by A, B, C as to the part of D shall be taken into account by the Court while deciding if D was an accomplice."

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