Section 130 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 130: Official Communications
Text of Section 130:
"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."(lawfyi.io)
🔍 Understanding Section 130
Key Principle:
Section 130 establishes a privilege for public officers, protecting them from being compelled to disclose certain confidential communications. This protection is granted when the officer believes that such disclosure would harm public interests.(myjudix.com)
Detailed Breakdown:
Public Officer: An individual employed in any capacity by the government, including administrative, judicial, and law enforcement roles.
Official Confidence: Communications made to a public officer in the course of their official duties that are intended to be kept confidential.(section1.in)
Public Interests: The well-being of the community, national security, public order, and the effective functioning of government institutions.
Compulsion to Disclose: The legal requirement for an individual to reveal information, typically in a court proceeding.
Application:
If a public officer receives information in confidence during their official duties and believes that disclosing this information would harm public interests, they cannot be compelled to reveal it. This provision ensures that sensitive information, which could jeopardize public welfare or security, remains protected.(myjudix.com)
⚖️ Importance of Section 130
Protection of Sensitive Information: Safeguards confidential communications that, if disclosed, could undermine public trust or security.
Encouragement of Open Communication: Promotes candid discussions between public officers and others, knowing that certain communications are protected.
Balancing Transparency and Security: Finds a balance between the need for transparency in legal proceedings and the necessity to protect sensitive information.
📌 Example to Illustrate
Scenario: A senior police officer receives a confidential report detailing a potential threat to national security. The officer believes that disclosing the contents of the report could compromise ongoing investigations and public safety.
Application of Section 130:
Confidential Communication: The report is considered a communication made in official confidence.(lawfyi.io)
Public Interest Consideration: The officer assesses that disclosing the information would harm public interests.(myjudix.com)
Non-Disclosure: Under Section 130, the officer is not compelled to disclose the contents of the report in any legal proceedings.
🧭 Summary
Purpose: To protect certain confidential communications made to public officers from being disclosed if such disclosure would harm public interests.(myjudix.com)
Scope: Applies to communications made in official confidence to public officers.(lawfyi.io)
Objective: Ensures the protection of sensitive information that could jeopardize public welfare or security.
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