Section 129 BSA: Evidence as to affairs of State

Bharatiya Sakshya Adhiniyam, 2023

Section 129 BSA at a Glance

Section 129 BSA deals with evidence as to affairs of State. It replaced Section 123 IEA on 1 July 2024.

Was IEA

Section 123 →

Section 129 BSA Bare Act Text

129. Evidence as to affairs of State

No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.

Source: Section 129, Bharatiya Sakshya Adhiniyam, 2023

Section 129 BSA in Simple Words

Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 stops any person from giving evidence in court that is derived (taken or obtained) from unpublished official records concerning affairs of State. A witness or party cannot present such evidence unless proper permission is obtained.

For the rule under Section 129 BSA to apply, the evidence must come from official records that have not been published and that concern affairs of State. Without clearance, no person is allowed to give evidence drawn from those records.

The only exception is when the officer heading the concerned department grants permission. That department head has the authority to give or withhold (refuse) permission as the department head thinks fit.

When Section 129 BSA Applies

  • Applies to any person seeking to give evidence in a court proceeding.
  • Applies when the evidence is taken from official records that are unpublished and concern affairs of State.
  • Leaves the decision to grant or refuse permission to the officer heading the concerned department.

Example of Section 129 BSA

In October 2024, during a civil proceeding in Bhopal, Ramesh wants to give evidence taken from an unpublished official record concerning affairs of State. Ramesh asks Priya, the officer heading the concerned department, for permission to use the record. Priya decides to withhold permission. Under Section 129 BSA, the court cannot permit Ramesh to give the evidence derived from that unpublished official record.

When Section 129 BSA Does Not Apply

  • The bar does not apply when the officer heading the concerned department gives permission for the evidence to be given.

Section 129 BSA in the IEA (Previous Law)

Section 129 BSA replaces Section 123 IEA from the old criminal code.

Section 123 of the Indian Evidence Act, 1872 became Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 129 BSA

What is Section 129 BSA?▼

Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that bars any person from giving evidence taken from unpublished official records concerning affairs of State. Such evidence can be given only with the permission of the officer heading the concerned department.

Who can grant permission to give evidence from unpublished official records under Section 129 BSA?▼

The officer heading the concerned department. Under Section 129 BSA, that officer has the authority to give or withhold permission as that officer thinks fit.

Does Section 129 BSA bar evidence taken from published official records?▼

No. Section 129 BSA applies only to evidence taken from unpublished official records concerning affairs of State.

What is Section 129 BSA in IEA?▼

Section 123 IEA. Section 129 BSA replaced Section 123 IEA on 1 July 2024 without any change in wording.

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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 ·