Evidence

Evidence

1. (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary investigation) or enquiry under this Act, the Lokayukta may require any public servant or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation or enquiry, to furnish any such information or produce any such document.
2. (2) For the purpose of any such investigation or enquiry (including the preliminary investigation) the Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning any public record or copy thereof from any court or office;
   • (e) issuing commissions for the examination of witnesses or documents;
   • (f) such other matters as may be prescribed: Provided that nothing in this sub-section shall be construed as empowering the Lokayukta to require any such person to furnish any information or produce any document which is of such a nature that its disclosure would be contrary to the interest of the State or of public interest.
3. (3) Subject to the provisions of sub-section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information or documents obtained by or furnished to the Government or any public servant or any other person, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information or documents for the purposes of any investigation or enquiry under this Act and the Government or any person so disclosing or producing any such information or document shall not be liable to any prosecution or proceeding under the Official Secrets Act, 1923, or any other enactment or rule of law in respect of such disclosure or production.
4. (4) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document:—
   • (a) as might prejudice the security or defence or international relations of India (including the Government's relations with the Government of any other country or with any international organisation) or the investigation or detection of crime;
   • (b) as might involve the disclosure of proceedings of the Cabinet of the State Government or any committee of that Cabinet, and for the purpose of this sub-section, a certificate issued by the Chief Secretary to the Government certifying that any information, answer or portion of a document is of the nature specified in clause
   • (a) or clause (b), shall be binding and conclusive.
5. (5) Subject to the provisions of sub-section (4), no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court.