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Privileged communication

Facts for Prelims (FFP)


Source: TH

 Context:  The proposed Bharatiya Sakshya (BS) Bill, intended to replace the Indian Evidence Act of 1872, includes a provision barring courts from inquiring into privileged communication between Ministers and the President of India.

  • While Article 74(2) of the Constitution already mentions this, the bill seeks to give it legal backing.
  • However, the term “privileged communication” has not been clearly defined, leading to potential interpretation challenges.


Privileged communication refers to confidential and protected exchanges between specific individuals or within certain relationships, where the law recognizes the need to keep the communication confidential.

This privilege is designed to encourage open and honest communication within these relationships. The concept aims to ensure that individuals can freely share information without fear of that information being disclosed in legal proceedings.