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State of Jharkhand - Section

Section 11 in Jharkhand Lokayukta Act, 2001

11. Evidence.

(1)Subject to the provisions of this action 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, or produce any such documents.
(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 (Act 5 of 1908), in respect of the following matters namely:-
(a)Summoning and enforcing the attendance of any person and examination 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)Any proceeding before the Lokayukta shall be deemed to be judicial proceeding before the Lokayukta shall be deemed to be judicial proceeding within the meaning of section 193 of the Indian Penal Code (Act no. 45 of 1863).
(4)subject to the provisions of sub-section (5) no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to Government or any public servant, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of any investigation under this Act and the Government or any public servant shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or be any rule of law in legal of proceedings.
(5)No person shall be required or authorized by virtue of the Act to furnish any such information or answer any such question or produce so much of any documents -
(a)As might prejudice the security of the State or the investigation or direction of crime; or
(b)as might involve the disclosure of proceedings of the Cabinet of the State Government, and for the purposes of this sub-section, a certificate issued by a 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)Subject to the provisions of sub-section (4), no person shall be compelled for the purpose of investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in produce in proceeding before a Court.