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BSA · Section 129 · Chapter IX — OF WITNESSES

Evidence as to affairs of State.

What this section does

No evidence derived from unpublished official records relating to affairs of State may be given without the permission of the head of the concerned department, who has absolute discretion to grant or withhold such permission.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Unpublished State records are privileged; their disclosure requires permission from the departmental head, who has unfettered discretion.

When it applies

  • A party seeking to produce a confidential government file on national security policy must first obtain permission from the head of the relevant ministry.
  • A court cannot compel production of an unpublished cabinet note if the departmental head withholds permission.

Practitioner note

The Supreme Court in S.P. Gupta v. Union of India (1981) examined the scope of State privilege and held courts have power to inspect documents to decide if privilege is rightly claimed.

Old-law correspondence

Derived from IEA s.123.

Read the official text

For the binding statutory text of BSA Section 129, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 129 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.