Section 125 IEA: Information as to commission of offences

Indian Evidence Act, 1872

Section 125 IEA at a Glance

Section 125 IEA deals with information as to commission of offences. From 1 July 2024 it is replaced by Section 131 BSA.

Section 125 IEA Bare Act Text

125. Information as to commission of offences

No Magistrate or police-officer shall be compelled to say whence he got any information as to the commission of any offence, and no revenue-officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue.

Explanation

β€œRevenue-officer” in this section means any officer employed in or about the business of any branch of the public revenue.

Source: Section 125, Indian Evidence Act, 1872

Section 125 IEA in Simple Words

Section 125 of the Indian Evidence Act, 1872 protected certain officers from being forced to say whence (from where) offence information came. Under the Act, nobody could compel (force by law) those officers to reveal from where the information was obtained.

For a Magistrate or a police officer, Section 125 IEA covered information about any offence being committed. Neither a Magistrate nor a police officer could be forced to say from where that officer got the information.

For a revenue officer, the rule covered information about any offence committed against the public revenue. The Explanation to Section 125 IEA defined a revenue officer as an officer employed in the work of a public revenue branch.

When Section 125 IEA Applies

  • A Magistrate or a police officer cannot be forced to state from where that officer got information about any offence being committed.
  • A revenue officer cannot be forced to state from where 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 125 IEA

In 2021, Anita, a police officer in Surat, receives information about a theft being committed. During the trial for that theft, Ramesh asks the court to force Anita to state from where the information was obtained. Anita refuses to disclose from where the information came. Under Section 125 IEA, Anita cannot be compelled to say from where the information about the theft was obtained.

Section 125 IEA in the BSA

Section 125 IEA is now covered under Section 131 BSA.

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".

View detailed comparison (IEA 125 vs BSA 131) β†’

FAQs on Section 125 IEA

What is Section 125 IEA?β–Ό

Section 125 of the Indian Evidence Act, 1872 dealt with information about the commission of offences. It protected a Magistrate or a police officer from being forced to say from where information about any offence was obtained, and protected a revenue officer regarding offences against the public revenue.

Who was a revenue officer under Section 125 IEA?β–Ό

Under the Explanation to Section 125 IEA, a revenue officer meant any officer employed in or around the work of a public revenue branch. For a revenue officer, the protection covered information about offences committed against the public revenue.

Could a police officer be forced to reveal from where information about an offence came under Section 125 IEA?β–Ό

No. Under Section 125 IEA, a police officer could not be compelled to say whence (from where) that police officer got information about the commission of an offence.

What is Section 125 IEA in BSA?β–Ό

Section 131 BSA replaced Section 125 IEA from 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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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 Β·