Raghuveer Sharan vs. District Sahakari Krishi Gramin Vikas Bank & Anr. (SC)

Evidence Act, 1872–Sec. 132, Proviso–Privilege under–Scope for availability–If the privilege made available to a witness under the proviso to Section is interpreted as a complete immunity, notwithstanding other evidence, it is capable of abuse–In a particular case, a dishonest Investigation Officer could cite a person as a witness in the report u/s. 173, Cr.P.C. being fully aware that there is incriminating material against such person–Similarly, a man complicit of an offence, could very well institute a complaint u/s. 200, examine as a witness, make statements incriminating himself, and claim immunity from prosecution.