Section 131 BSA: Information as to commission of offences
Bharatiya Sakshya Adhiniyam, 2023
Section 131 BSA at a Glance
Section 131 BSA deals with information as to commission of offences. It replaced Section 125 IEA on 1 July 2024.
Section 131 BSA Bare Act Text
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.
Explanationβrevenue officerβ means any officer employed in or about the business of any branch of the public revenue.
Source: Section 131, Bharatiya Sakshya Adhiniyam, 2023
Section 131 BSA in Simple Words
Section 131 of the Bharatiya Sakshya Adhiniyam, 2023 protects certain officers from being forced to state when information about offences was obtained. Under the Adhiniyam, nobody can compel (force by law) those officers to say when the information was received. Section 125 IEA used the word whence (from where) at this point, and commentators have questioned whether the change to when was intended.
For a Magistrate or a police officer, Section 131 BSA covers information about any offence being committed. Neither a Magistrate nor a police officer can be forced to say when that officer got the information.
For a revenue officer, the rule covers information about any offence committed against the public revenue. The Explanation to Section 131 BSA defines a revenue officer as an officer employed in the work of a public revenue branch.
When Section 131 BSA Applies
- A Magistrate or a police officer cannot be forced to state when that officer got information about any offence being committed.
- A revenue officer cannot be forced to state when that officer got information about an offence committed against the public revenue.
- To qualify as a revenue officer, the person must work in or around the operations of a public revenue department.
Example of Section 131 BSA
Section 131 BSA in the IEA (Previous Law)
Section 131 BSA replaces Section 125 IEA from the old criminal code.
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".
FAQs on Section 131 BSA
What is Section 131 BSA?βΌ
Section 131 of the Bharatiya Sakshya Adhiniyam, 2023 deals with information about the commission of offences. It protects a Magistrate or a police officer from being forced to say when information about any offence was obtained, and protects a revenue officer regarding offences against the public revenue.
Who is a revenue officer under Section 131 BSA?βΌ
Under the Explanation to Section 131 BSA, a revenue officer means any officer employed in or around the work of a public revenue branch. For a revenue officer, the protection covers information about offences committed against the public revenue.
Can a police officer be forced to state when information about an offence was received under Section 131 BSA?βΌ
No. Under Section 131 BSA, a police officer cannot be compelled to say when that police officer got information about the commission of an offence.
What is Section 131 BSA in IEA?βΌ
Section 125 IEA was the corresponding provision before 1 July 2024. Section 131 BSA prints the word when where Section 125 IEA used the word whence (from where) in both places, and the Explanation drops the words referring to the section.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 Β·