Section 131 BSA 2023: Information as to Commission of Offences
Section 131 of the Bharatiya Sakshya Adhiniyam, 2023 deals with information received by a Magistrate, police officer or revenue officer concerning the commission of offences. It protects the specified officers from being compelled to state when they received such information in the circumstances described by the section.
Key point: Section 131 is a provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), not the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 131 of the Bharatiya Sakshya Adhiniyam, 2023
131. Information as to commission of offences. No Magistrate or police officer shall be compelled to say when he got any information as to the commission of any offence, and no revenue officer shall be compelled to say when he got any information as to the commission of any offence against the public revenue.
Explanation. "revenue officer" means any officer employed in or about the business of any branch of the public revenue.
Meaning and scope of Section 131
The provision creates a protection against compulsion in evidence. Where the statutory conditions apply, a Magistrate or police officer cannot be compelled to state when information concerning the commission of an offence was received. A revenue officer receives the corresponding protection for information concerning an offence against the public revenue.
The protection is tied to the persons and subject matter expressly identified in the section. It should therefore be read according to its statutory wording and in the context of the rules governing witnesses under the Bharatiya Sakshya Adhiniyam, 2023.
Who is a revenue officer for Section 131?
The Explanation to Section 131 defines a "revenue officer" as an officer employed in or about the business of any branch of the public revenue. The statutory definition is important because the protection given to a revenue officer applies specifically to information concerning an offence against the public revenue.
Practical effect of Section 131
- A Magistrate cannot be compelled to state when information about the commission of an offence was received.
- A police officer receives the same protection in relation to information concerning the commission of an offence.
- A revenue officer receives the protection for information concerning an offence against the public revenue.
- The Explanation supplies a specific statutory meaning for the expression "revenue officer".
Position under the Bharatiya Sakshya Adhiniyam, 2023
Section 131 appears in Chapter IX, "Of Witnesses", of the Bharatiya Sakshya Adhiniyam, 2023. It is placed after Section 130 on official communications and before Section 132 on professional communications. This placement shows that Section 131 forms part of the statutory rules regulating compellability and protected communications or information in evidence.
Commencement of the BSA
The Bharatiya Sakshya Adhiniyam, 2023 received Presidential assent on 25 December 2023. The Central Government appointed 1 July 2024 as the date on which the Adhiniyam came into force.
Note: This page is intended as a legal information resource. For a case-specific question, the statutory text should be read with the facts of the matter and any applicable judicial interpretation.