Section 130 BSA 2023 - Official Communications

Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) protects certain communications made to a public officer in official confidence where disclosure is considered likely to harm the public interest. The provision forms part of the statutory rules governing the competency and compellability of witnesses and the protection of specified confidential material.

Text of Section 130 - Official communications

Meaning and scope of Section 130

The section creates a statutory protection against compelling a public officer to disclose a communication received in official confidence. The protection is connected to the officer's consideration that disclosure would prejudice the public interest.

In practical terms, the provision concerns confidential official communications rather than every document or statement held by a public authority. The statutory conditions should therefore be examined before the protection is invoked.

Essential elements of Section 130

• The person from whom disclosure is sought must be a public officer.
• The communication must have been made to that officer in official confidence.
• The officer must consider that public interests would suffer if the communication were disclosed.
• When these statutory requirements are attracted, the public officer cannot be compelled to disclose the protected communication.

Purpose of the provision

Section 130 seeks to balance the need for evidence in judicial proceedings with the need to protect confidential governmental communications where disclosure may damage the public interest. It is therefore a rule of evidentiary protection tied to official confidence and public interest.

Relationship with Section 129 BSA

Section 129 deals with evidence derived from unpublished official records relating to affairs of State and requires permission of the head of the department concerned. Section 130 is different in wording and specifically addresses communications made to a public officer in official confidence.

Readers dealing with government records or confidential official information should therefore examine both provisions according to the nature of the material sought to be produced or disclosed.

Corresponding provision under the Indian Evidence Act, 1872

Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to the subject formerly dealt with by Section 124 of the Indian Evidence Act, 1872, titled "Official communications". The BSA has been in force from 1 July 2024.

Related provisions of the Bharatiya Sakshya Adhiniyam, 2023