Evidence

Evidence.

1. (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry, if any, before such investigation) 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, to furnish any such information and produce any such document.
2. (2) For the purpose of any such investigation (including the preliminary inquiry) the Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (V of 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.
3. (3) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (XLV of 1860).
4. (4) 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, 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 under this Act and the Government or any public servant shall not be entitled to withhold from the Lokayukta any such information or document on the ground that its disclosure would be contrary to the public interest.
5. (5) 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 India's relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or
   • (b) as might involve the disclosure of proceedings of the Cabinet of the State Government; and for the purpose of this sub-section a certificate issued by the Chief Secretary 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.
6. (6) Subject to the provisions of sub-section (4), no person shall be compelled for the purposes of investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court.