Section 129 BSA 2023: Evidence as to Affairs of State

Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 deals with evidence derived from unpublished official records relating to affairs of State. It restricts disclosure unless permission is given by the officer at the head of the department concerned.

Section 129 - Statutory provision

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 No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or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

Meaning and scope of Section 129

The provision protects unpublished official records connected with affairs of State from being used as evidence without departmental permission. Its operation depends on the nature of the record, whether it is unpublished, whether it concerns affairs of State, and whether the competent head of department permits disclosure.

Unpublished official records: the section is directed at official material that has not been published or otherwise made openly available.
Affairs of State: the record must relate to governmental or State affairs of the kind contemplated by the provision.
Permission requirement: evidence derived from such records cannot be given unless permission is obtained from the officer at the head of the concerned department.
Departmental decision: the statutory text states that the head of department may give or withhold permission as he thinks fit.

Why Section 129 matters in court proceedings

Section 129 creates a statutory restriction on proving certain official material. A party seeking to rely on an unpublished State record should therefore identify the record precisely and address the statutory permission requirement before attempting to prove its contents. The provision concerns admissibility and disclosure of evidence, not merely physical custody of a document.

Important: Section 129 should be read with the surrounding provisions in Chapter IX of the BSA concerning witnesses and protected communications, including Section 130 on official communications. Questions concerning production, privilege and public interest may also depend on the facts of the case and applicable judicial interpretation.

Section 129 and Section 130: basic distinction

Section 129 concerns evidence derived from unpublished official records relating to affairs of State and requires permission from the head of the department. Section 130 separately provides that a public officer shall not be compelled to disclose communications made to him in official confidence when he considers that public interest would suffer by disclosure.

Commencement of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It received Presidential assent on 25 December 2023 and was brought into force from 1 July 2024 by notification of the Central Government.