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BSA · Section 130 · Chapter IX — OF WITNESSES

Official communications.

What this section does

A public officer cannot be compelled to disclose communications made to them in official confidence if the officer considers that public interests would suffer by the disclosure. The discretion to withhold rests with the public officer.

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

The rule in one line

Official communications made in confidence to a public officer are privileged if the officer considers disclosure would harm public interest.

When it applies

  • A police officer who received a confidential informant's tip in official capacity cannot be compelled to reveal the communication if disclosure would harm public interest.
  • A government official who received a confidential inter-departmental note may refuse to disclose it on grounds of public interest.
Old-law correspondence

Derived from IEA s.124.

Read the official text

For the binding statutory text of BSA Section 130, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 130 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.