Section 127 BSA: Judges and Magistrates

Bharatiya Sakshya Adhiniyam, 2023

Section 127 BSA at a Glance

Section 127 BSA deals with judges and Magistrates. It replaced Section 121 IEA on 1 July 2024.

Was IEA

Section 127 BSA Bare Act Text

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.

Source: Section 127, Bharatiya Sakshya Adhiniyam, 2023

Section 127 BSA in Simple Words

Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 protects a Judge or Magistrate from being forced to give evidence about official work in court unless a higher court orders it.

Under the Adhiniyam, a Judge or Magistrate cannot be forced to answer a question about the conduct of that Judge or Magistrate in court while acting in a judicial role. The same rule covers anything learned in court while acting as a Judge or Magistrate. For instance, a Magistrate cannot be forced to answer whether a deposition (a recorded witness statement) was taken improperly, or be asked what an accused person said when giving alleged false evidence before that Magistrate.

A court to which the Judge or Magistrate is subordinate (lower in rank and under the authority of that higher court) can issue a special order allowing questioning on those matters. In addition, a Judge or Magistrate may be examined as a witness about other events that took place in the presence of that judicial officer while acting in court, such as an attempted murder of a police officer during a trial.

When Section 127 BSA Applies

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.
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.
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.
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.

Example of Section 127 BSA

In October 2024, Priya challenges what happened during an earlier court hearing in Chennai and seeks to question Magistrate Farhan about the conduct of the Magistrate in court during that proceeding. Before summoning the judicial officer, Priya obtains a special order from the higher court to which Magistrate Farhan is subordinate. Under Section 127 BSA, because a superior court has issued a special order, Magistrate Farhan can be compelled to answer a question about that conduct in court.

When Section 127 BSA Does Not Apply

Does not prevent compelling a Judge or Magistrate to answer a question when a court to which that Judge or Magistrate is subordinate makes a special order.
Does not prevent examining a Judge or Magistrate about other matters that took place in the presence of that Judge or Magistrate while acting in court.

Section 127 BSA in the IEA (Previous Law)

Section 127 BSA replaces Section 121 IEA from the old criminal code.

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.

View IEA Section 121 →Compare IEA 121 vs BSA 127 →

FAQs on Section 127 BSA

What is Section 127 BSA?▼

Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 protects a Judge or Magistrate from being forced to answer a question about the conduct of that judicial officer in court, or about anything learned in court in that role, unless a superior court issues a special order. It also allows a Judge or Magistrate to be examined about other events that occurred in the presence of that officer while acting in court.

Can a Magistrate be asked what an accused person said during an earlier hearing under Section 127 BSA?▼

No. If a person is on trial for giving false evidence before a Magistrate, that Magistrate cannot be asked what the person said unless the superior court issues a special order.

When can a Judge or Magistrate be examined without a special order under Section 127 BSA?▼

A Judge or Magistrate may be examined without a special order regarding other matters that occurred in the presence of that judicial officer while acting in court, such as an attempted murder of a police officer during a trial.

What is Section 127 BSA in IEA?▼

Section 127 BSA corresponds to Section 121 IEA, which it replaced on 1 July 2024 with no substantive change, except that the word questions was changed to question.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·