Evidence

Evidence.—(1) Subject to the provisions of this section, for the purpose of any investigation (including preliminary investigation) under this Act, the Commission may require any public servant or any other person, who in its opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.

1. (2) For the purpose of any such investigation, the Commission shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 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.
2. (3) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (Central Act 45 of 1860).
3. (4) No person shall be required or authorized 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 interests of the State of Kerala or the security or defense or international relations of India (including India's relations with the Government of any other country or with any international organization);
   • (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 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.
4. (5) For the purpose of investigation under this Act, 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.