The state can claim the privilege that the obligations and liabilities imposed by a statute on individuals do not apply to it. While deciding a case in 1967, the Supreme Court of India has held that normally the state would be bound by a statute unless it is exempted expressly or by necessary implication. If the state claims that it is exempt from the obligations and liabilities imposed by a statute, the burden lies on it to prove the fact. The state may be deemed to be exempted by necessary implication in case of a criminal case where the punishment involves imprisonment. Under the provision of the Evidence Act, 1872, the government has a privilege not to produce its unpublished record in courts. This privilege should not be claimed on the ground that the disclosure of the document might defeat the defence raised by the state. There is a provision under the Code of Civil Procedure, 1908 which bars the institution of any suit against the government or against a public officer in respect of any act done in his official capacity until the expiration of two months next after notice in writing has been given in the prescribed manner. Under the Limitation Act, 1963 the government enjoys the benefit of thirty years limitation for institution of suits by it or on its behalf except in a suit before the Supreme Court in the exercise of its original jurisdiction.
