IEA 125→BSA 131

IEA 125 to BSA 131: Information as to commission of offences

Section 125 IEA (1872) replaced by Section 131 BSA (2023)

View IEA Section 125 →View BSA Section 131 →

IEA 125 to BSA 131 at a Glance

Section 125 IEA (Information as to commission of offences) is now Section 131 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 125 to BSA 131?

Section 125 of the Indian Evidence Act, 1872 became Section 131 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The BSA prints "when" where the IEA said "whence" (from where), in both places. The Explanation drops "in this section".

IEA 125 vs BSA 131: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section125131
HeadingInformation as to commission of offencesSame

IEA 125 and BSA 131: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 125, IEA 1872

125. Information as to commission of offences.—No Magistrate or police-officer shall be compelled to say whence he got any information as to the commission of any offence, and no revenue-officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. Explanation.—“Revenue-officer” in this section means any officer employed in or about the business of any branch of the public revenue.
BSA 2023 (in force)

Section 131, BSA 2023

131. Information as to commission of offences.—No Magistrate or police officer shall be compelled to say when he got any information as to the commission of any offence, and no revenue officer shall be compelled to say when he got any information as to the commission of any offence against the public revenue. Explanation.—“revenue officer” means any officer employed in or about the business of any branch of the public revenue.

When It Applies: IEA 125 vs BSA 131

Under IEA 125
  1. A Magistrate or a police officer cannot be forced to state from where that officer got information about any offence being committed.
  2. A revenue officer cannot be forced to state from where that officer got information about an offence committed against the public revenue.
  3. To qualify as a revenue officer, the person must work in or around the operations of a public revenue department.
Under BSA 131
  1. A Magistrate or a police officer cannot be forced to state when that officer got information about any offence being committed.
  2. A revenue officer cannot be forced to state when that officer got information about an offence committed against the public revenue.
  3. To qualify as a revenue officer, the person must work in or around the operations of a public revenue department.

What IEA 125 to BSA 131 Means in Practice

Section 125 IEA became Section 131 BSA on 1 July 2024, and a reader should cite Section 131 BSA for matters governed by the BSA. In both places, the BSA prints the word when where the IEA used the word whence (from where), so read literally, Section 131 BSA refers to the time an officer got information, not the source. Commentators have questioned whether that change was intended. In addition, the Explanation drops the words referring to the section.

FAQs: IEA 125 to BSA 131

Does Section 131 BSA change the question an officer cannot be forced to answer?▼

On its printed words, yes. Under Section 125 IEA, a Magistrate, police officer, or revenue officer could not be compelled to say whence (from where) that officer got information about an offence, whereas Section 131 BSA prints the word when in both places, and the Explanation drops the words referring to the section.

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 ·