Section 130 BSA: Official communications
Bharatiya Sakshya Adhiniyam, 2023
Section 130 BSA at a Glance
Section 130 BSA deals with official communications. It replaced Section 124 IEA on 1 July 2024.
Section 130 BSA Bare Act Text
130. Official communications
No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.
Source: Section 130, Bharatiya Sakshya Adhiniyam, 2023
Section 130 BSA in Simple Words
Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 protects a public officer from being forced to reveal confidential official communications. Under the Adhiniyam, nobody can compel (force by law) a public officer to disclose communications received in official confidence.
The protection under Section 130 BSA applies to communications made to a public officer in official confidence (trust attached to an official position). It also depends on what that public officer considers will happen if the communication is disclosed.
Specifically, the public officer must consider that public interests would suffer from the disclosure. When the public officer holds that view, the officer cannot be forced to reveal the communication.
When Section 130 BSA Applies
- The person who cannot be forced to disclose is a public officer.
- The communication was received by the public officer in official confidence.
- The public officer considers that disclosing the communication would harm public interests.
Example of Section 130 BSA
Section 130 BSA in the IEA (Previous Law)
Section 130 BSA replaces Section 124 IEA from the old criminal code.
Section 124 of the Indian Evidence Act, 1872 became Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 130 BSA
What is Section 130 BSA?▼
Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 deals with official communications. It provides that a public officer cannot be forced to disclose communications made to that officer in official confidence when the officer considers that disclosure would harm public interests.
Can a public officer be forced to reveal every communication under Section 130 BSA?▼
No. A public officer cannot be compelled to reveal a communication if it was made to that officer in official confidence and the officer considers that public interests would suffer from the disclosure.
Who assesses whether public interests would suffer under Section 130 BSA?▼
The public officer to whom the communication was made in official confidence assesses whether public interests would suffer. When that public officer considers that disclosure would harm public interests, the officer cannot be compelled to disclose it.
What is Section 130 BSA in IEA?▼
Section 124 IEA was the corresponding provision before 1 July 2024. Section 130 BSA keeps the exact wording of Section 124 IEA.
Have questions about Section 130 BSA?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·