IEA 121→BSA 127

IEA 121 to BSA 127: Judges and Magistrates

Section 121 IEA (1872) replaced by Section 127 BSA (2023)

View IEA Section 121 →View BSA Section 127 →

IEA 121 to BSA 127 at a Glance

Section 121 IEA (Judges and Magistrates) is now Section 127 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 121 to BSA 127?

Section 121 of the Indian Evidence Act, 1872 became Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. A one-word drafting edit.

IEA 121 vs BSA 127: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section121127
HeadingJudges and MagistratesSame

IEA 121 and BSA 127: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 121, IEA 1872

121. Judges and Magistrates.—No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Illustrations (a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court. (b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court. (c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
BSA 2023 (in force)

Section 127, BSA 2023

127. Judges and Magistrates.—No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Illustrations. (a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court. (b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court. (c) A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.

When It Applies: IEA 121 vs BSA 127

Under IEA 121
  1. Applies to a Judge or Magistrate when questioned about the conduct of that Judge or Magistrate in court while acting in a judicial capacity.
  2. Applies to a Judge or Magistrate when questioned about anything that came to the knowledge of that Judge or Magistrate in court while acting in a judicial capacity.
  3. Applies when a court to which the Judge or Magistrate is subordinate issues a special order, permitting the Judge or Magistrate to be compelled to answer.
  4. Applies when a Judge or Magistrate is examined as a witness about other matters that took place in the presence of that judicial officer while acting in court.
Under BSA 127
  1. Applies to a Judge or Magistrate when asked to answer any question about the conduct of that Judge or Magistrate in court while acting in a judicial capacity.
  2. Applies to a Judge or Magistrate when asked to answer any question about anything that came to the knowledge of that Judge or Magistrate in court while acting in a judicial capacity.
  3. Applies when a court to which the Judge or Magistrate is subordinate issues a special order, permitting the Judge or Magistrate to be compelled to answer.
  4. Applies when a Judge or Magistrate is examined as a witness about other matters that took place in the presence of that judicial officer while acting in court.

What IEA 121 to BSA 127 Means in Practice

The same rule applies because Section 121 IEA became Section 127 BSA on 1 July 2024 with no substantive change, and the word questions was changed to question. A person in court should cite Section 127 BSA for matters governed by the Adhiniyam.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·