Central

Section 15 of The Census Act, 1948

Records of census not open to inspection of admissible in evidence.

No person shall have a right to inspect any book, register or record made by a census-officer in the discharge of his duty as such, or any schedule delivered under section 10 and notwithstanding anything to the contrary in the Indian Evidence Act, 1872 (1 of 1872), no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this Act or any other law for any act or omission which constitutes an offence under this Act.

Summary

Nobody has the right to inspect any official book, register, or record made by a census officer.
If an occupier or manager fills out a household or business schedule as required by Section 10, that schedule is also strictly private.
Census records and schedules cannot be used as evidence in any civil court case.
They cannot be used in a criminal court case either, unless the trial is specifically about prosecuting someone for an offence under the census laws.
This rule protecting privacy overrides the Indian Evidence Act of 1872.

Practical examples

1Neha tries to get her neighbour's census form to prove a boundary dispute in civil court. The judge rejects the request because the law keeps census records totally inadmissible in civil cases.

2A hotel manager fills out a staff schedule for the census under Section 10. Later, the police try to use that specific schedule as evidence in an unrelated fraud trial. The court blocks the evidence, as it can only be used if the trial is about breaking census laws.

FAQ

1. Can I request to see what my spouse wrote on their census form?

No, the law bans anyone from inspecting census records or forms.

2. Can the police use a census document against me in a normal criminal trial?

No, they can only use it as evidence if you are being prosecuted for a census specific offence.

3. What happens to the schedules filled out by a business manager under Section 10?

They are protected exactly like any other census record and cannot be inspected or used in regular court cases.

Test yourself

1.Under Section 15 of The Census Act, 1948, how does the legal protection apply to schedules filled out by an office manager under Section 10?

2.When can a census record actually be used as evidence in a criminal proceeding according to Section 15 of The Census Act, 1948?

3.If a property dispute goes to a civil court, how does Section 15 of The Census Act, 1948 treat a census register entry?

4.How does Section 15 of The Census Act, 1948 interact with the Indian Evidence Act of 1872?

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