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Evidence Act · Chapter IX · Of witnesses

Evidence Act section 124 in the BSA

Evidence Act 124BSA 130

Evidence Act section 124, “Official communications”, is now BSA section 130 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 124 to BSA 130

The words are the same as in the Evidence Act, apart from “Adhiniyam” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 124 Official communications

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.

Bharatiya Sakshya Adhiniyam, 2023

Section 130 Official communications

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

Sources

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