Section 11: Evidence

(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 or an Up-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 document. (2) For the purpose of any such investigation (including preliminary inquiry), the Lokayukta or an Up-Lokayukta 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 by prescribed. (3) Any proceedings before the Lokayukta or an Up-Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (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 the State Government or any public servant, whether imposed by any enactment or any rule of law, shall apply to the disclosure or information for the purpose of any investigation under this Act and the State 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 by any rule of law in legal proceedings. (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 or any Committee of that Cabinet, and for the purpose of this subsection 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) 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.