What Is BSA Section 130?

Bhartiya Sakshya Adhiniyam, 2023 - Section 130: Official communications

• No public officer shall be compelled to disclose communications made to him in official confidence.
• This applies when he considers that the public interests would suffer by the disclosure.

Brefe Detail

Section 130 of the Bhartiya Sakshya Adhiniyam, 2023, protects public officers from being forced to reveal communications received in official confidence. This provision allows officers to prioritize public interest and confidentiality when making decisions about disclosures.

Question & Answers

What does Section 130 of the Bhartiya Sakshya Adhiniyam, 2023 state?

It states that no public officer shall be compelled to disclose communications made to him in official confidence if he believes that public interests would suffer from the disclosure.

Under what condition can a public officer refuse to disclose information?

A public officer can refuse to disclose information if he considers that doing so would harm public interests.

Does this section provide complete immunity to public officers regarding all communications?

No, it specifically pertains to communications made in official confidence and does not apply to all types of information.

Example

• A public officer receiving confidential advice from a legal advisor can refuse to disclose that communication if he believes it would harm the public interest.
• If a government employee receives sensitive information about a public project that could cause public unrest, he can withhold that information from disclosure based on this provision.

Summary

Section 130 of the Bhartiya Sakshya Adhiniyam, 2023, safeguards public officers from being compelled to disclose confidential communications. Officers can exercise discretion to protect public interest, ensuring that sensitive information remains confidential when necessary.