Section 129 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 129: Evidence as to Affairs of State
Text of Section 129:
No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.(thelawadvice.com)
๐ง Meaning and Scope
Section 129 addresses the confidentiality of unpublished official records concerning State affairs. It prohibits the disclosure of such records as evidence in legal proceedings unless authorized by the head of the relevant department. This ensures that sensitive governmental information remains protected and is not disclosed without proper authorization.(law4u.in, kanoongpt.in)
โ๏ธ Practical Implications
Protection of Sensitive Information: This provision safeguards unpublished official records from unauthorized disclosure, maintaining the confidentiality of governmental affairs.
Discretionary Power: The head of the concerned department has the discretion to grant or withhold permission for the disclosure of such records, allowing for controlled transparency.(law4u.in)
Legal Proceedings: In legal proceedings, parties seeking to use unpublished official records as evidence must obtain the necessary authorization, ensuring that sensitive information is not disclosed without proper oversight.(law4u.in)
๐งพ Example
Suppose a journalist seeks to use unpublished government documents in a report on a public policy issue. According to Section 129, the journalist must obtain permission from the head of the relevant department before using these documents as evidence. Without such authorization, the documents cannot be disclosed, ensuring that sensitive governmental information is protected.(kanoongpt.in)
๐ Summary
Section 129 of the Bharatiya Sakshya Adhiniyam, 2023, establishes a framework for the protection of unpublished official records related to State affairs. By requiring prior authorization from the head of the concerned department for their disclosure, it ensures that sensitive governmental information is not disclosed without proper oversight, balancing the need for confidentiality with the principles of transparency and accountability.
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