Section 133 — Exemption of other persons
Where § 132 exempts certain women by custom, § 133 exempts named high office-holders — from the President down to High Court Judges — from personal appearance in Court (1). The old sub-section (2) was omitted in 1956; and where such a person’s evidence is needed, it is taken on commission, the cost borne by the one claiming the privilege unless the party requiring it pays (3).
How to read Section 133
Exempt by office (1)
A fixed list of high constitutional functionaries — the President down to High Court Judges — is exempt from personal appearance in Court, by virtue of office.
Evidence by commission (3)
If such a person’s evidence is needed, he is examined on commission, not in person — and the cost of that commission is allocated by sub-section (3).
What changed
The 1956 amendment recast the list (sub-s. 1) and omitted the old sub-section (2), with effect from 1-1-1957.
The bare Act
(1)1 The following persons shall be entitled to exemption from personal appearance in Court, namely:—
States & Union Territories
Former Rulers
(3) Where any person3 claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.
1 Subs. by Act 66 of 1956, s. 12, for sub-section (1) (w.e.f. 1-1-1957).
2 Sub-section (2) omitted by s. 12, ibid. (w.e.f. 1-1-1957).
3 The words “so exempted” omitted by s. 12, ibid.
In short: eleven classes of high office-holders need not appear in person; if their evidence is wanted it is taken on commission, and the person claiming the privilege bears the cost unless the party who wants the evidence pays.
→ § 133 exempts by virtue of high office (contrast § 132’s custom-based exemption for women). The exemption is from personal appearance only; the person’s evidence, if needed, is recorded on commission (Order XXVI), with costs allocated by (3). The 1956 amendment recast the list and dropped the old sub-section (2).
Key terms decoded
The listed office-holder need not attend Court in person. Unlike § 132 (custom), here the basis is high office.
The Rulers of former Indian States — § 87B extends the Code’s special provisions for foreign Rulers to them.
Where the exempt person’s evidence is required, an officer is appointed to record it (Order XXVI) — he is not summoned to appear.
The expense of taking that evidence. By default the person claiming the privilege pays — unless the party who requires his evidence pays.
The old (2) was removed by Act 66 of 1956 (w.e.f. 1-1-1957); the asterisks mark the gap.
In (3), the 1956 amendment dropped the words “so exempted” after “any person” — a tidying change.
The picture — exempt by office, examined on commission
§ 133 spares high functionaries the compulsion of attending court, but not the duty to give evidence: where their testimony is needed it is taken on commission, and (3) settles who pays for it. The old sub-section (2) was dropped in 1956.
Part by part — the operative sub-sections
Sub-section (1) lists eleven classes of office-holder. They sort naturally into three families — the Union tier, the States & UTs tier, and the former Rulers covered by § 87B.
The following persons shall be entitled to exemption from personal appearance in Court…
The exemption attaches to office, not custom — a fixed list of high constitutional functionaries. It frees them from appearing in person, nothing more.
The President and Vice-President; the Speaker of the House of the People; the Ministers of the Union; and the Judges of the Supreme Court.
The Governors of States and administrators of Union territories; the Speakers of State Legislative Assemblies; the Chairman of State Legislative Councils; the Ministers of States; and the Judges of the High Courts.
The persons to whom § 87B applies — the Rulers of former Indian States, to whom the Code’s special foreign-Ruler provisions are extended.
Sub-section (3) is the trade-off for the privilege: exemption from appearing does not excuse giving evidence — and the one who claims the privilege normally bears the cost of the commission that takes it.
Where any person claims the privilege of such exemption, and it is consequently necessary to examine him by commission…
The cost rule bites only when two things coincide: the person claims the exemption, and his evidence is needed — so a commission must be issued to take it.
…he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.
Default: the person claiming the privilege pays. Exception: if the party who wants his evidence chooses to pay, that party bears it instead.
How the section fits together
Exempt by office → but evidence still owed → on commission, at a cost
Connected provisions
Section 133 continues Part XI’s exemptions group — where § 132 exempts certain women by custom, § 133 exempts named high office-holders from personal appearance, and sets who bears the cost when their evidence must be taken on commission.