Section 123 IEA: Evidence as to affairs of State

Indian Evidence Act, 1872

Section 123 IEA at a Glance

Section 123 IEA deals with evidence as to affairs of State. From 1 July 2024 it is replaced by Section 129 BSA.

Now BSA

Section 123 IEA Bare Act Text

123. 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No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or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 123, Indian Evidence Act, 1872

Section 123 IEA in Simple Words

Section 123 of the Indian Evidence Act, 1872 stops any person from giving evidence in court that is derived (taken or obtained) from unpublished official records concerning affairs of State.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 123 IEA 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 123 IEA 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Applies when the evidence is taken from official records that are unpublished and concern affairs of State.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 123 IEA

In 2021, during a civil suit in Lucknow, Farhan wants to give evidence taken from an unpublished official record concerning affairs of State. Farhan asks Anita, the officer heading the concerned department, for permission to use the record. Anita decides to withhold permission. Under Section 123 IEA, the court cannot permit Farhan to give the evidence derived from that unpublished official record.

When Section 123 IEA Does Not Apply

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

Section 123 IEA in the BSA

Section 123 IEA is now covered under Section 129 BSA.

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.

View detailed comparison (IEA 123 vs BSA 129) →

FAQs on Section 123 IEA

What is Section 123 IEA?▼

Section 123 of the Indian Evidence Act, 1872 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 123 IEA?▼

The officer heading the concerned department. Under Section 123 IEA, that officer has the authority to give or withhold permission as that officer thinks fit.

Does Section 123 IEA bar evidence taken from published official records?▼

No. Section 123 IEA applies only to evidence taken from unpublished official records concerning affairs of State.

What is Section 123 IEA in BSA?▼

Section 129 BSA. Section 123 IEA became Section 129 BSA 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, Indian Evidence Act, 1872 ·