Section 124 IEA: Official communications
Indian Evidence Act, 1872
Section 124 IEA at a Glance
Section 124 IEA deals with official communications. From 1 July 2024 it is replaced by Section 130 BSA.
Section 124 IEA Bare Act Text
124. 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 124, Indian Evidence Act, 1872
Section 124 IEA in Simple Words
Section 124 of the Indian Evidence Act, 1872 protected a public officer from being forced to reveal confidential official communications. Under the Act, nobody could compel (force by law) a public officer to disclose communications received in official confidence.
The protection under Section 124 IEA applied to communications made to a public officer in official confidence (trust attached to an official position). It also depended on what that public officer considered would happen if the communication was disclosed.
Specifically, the public officer had to consider that public interests would suffer from the disclosure. When the public officer held that view, the officer could not be forced to reveal the communication.
When Section 124 IEA 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 124 IEA
Section 124 IEA in the BSA
Section 124 IEA is now covered under Section 130 BSA.
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.
View detailed comparison (IEA 124 vs BSA 130) →FAQs on Section 124 IEA
What is Section 124 IEA?▼
Section 124 of the Indian Evidence Act, 1872 dealt with official communications. It provided that a public officer could not be forced to disclose communications made to that officer in official confidence when the officer considered that disclosure would harm public interests.
Could a public officer be forced to reveal every communication under Section 124 IEA?▼
No. A public officer could not be compelled to reveal a communication if it was made to that officer in official confidence and the officer considered that public interests would suffer from the disclosure.
Who assessed whether public interests would suffer under Section 124 IEA?▼
The public officer to whom the communication was made in official confidence assessed whether public interests would suffer. When that public officer considered that disclosure would harm public interests, the officer could not be compelled to disclose it.
What is Section 124 IEA in BSA?▼
Section 130 BSA replaced Section 124 IEA from 1 July 2024. The wording of the provision remained unchanged.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·