Section 127 BSA 2023 - Judges and Magistrates
Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) regulates when a Judge or Magistrate can be compelled to answer questions as a witness about judicial conduct or knowledge acquired while acting in Court. The provision protects the proper functioning and independence of judicial proceedings, while still allowing evidence about other events that occurred in the judicial officer's presence.
Text of Section 127 - Judges and Magistrates
127. No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.
Meaning and scope of Section 127
The section creates a limited protection for Judges and Magistrates when they are called as witnesses. As a general rule, a judicial officer cannot be compelled to answer questions about the way the officer acted judicially in Court, or about information that came to the officer's knowledge in that judicial capacity.
This protection is not absolute. A Court to which the Judge or Magistrate is subordinate may make a special order permitting such questioning. The section also expressly allows a judicial officer to be examined about other matters that occurred in the officer's presence while acting as Judge or Magistrate.
- questions about a Judge's or Magistrate's own judicial conduct generally require a special order of the superior Court;
- questions about knowledge acquired in Court in the judicial capacity are similarly protected;
- events independently witnessed by the judicial officer may still be proved through the officer's evidence where the section permits it.
Illustrations under Section 127
Illustration (a): allegation that a deposition was improperly recorded
A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.
Illustration (b): alleged false evidence before a Magistrate
A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.
Illustration (c): occurrence witnessed by a Sessions Judge
A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
Why the provision matters
Section 127 separates protected judicial decision-making from ordinary facts personally witnessed by a judicial officer. It prevents routine examination of Judges and Magistrates about their judicial conduct and in-Court knowledge, while preserving the possibility of obtaining relevant evidence where the law permits it.
Official source
For the current statutory text and commencement details, refer to the official India Code entry for the Bharatiya Sakshya Adhiniyam, 2023.
Related BSA provisions
Section 127 forms part of the provisions dealing with witnesses. You may also read Section 126 - Competency of husband and wife as witnesses in certain cases and Section 128 - Communications during marriage.