Section 144 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
📌 Section 144 — Restriction on Production, Supply, and Disclosure of Documents and Things Relating to Proceedings
1. Purpose of Section 144
Section 144 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 is designed to protect the integrity of evidence and the fairness of proceedings by limiting access to certain documents or things that are connected to an ongoing legal proceeding. It ensures that evidence is not tampered with, disclosed prematurely, or misused in ways that could affect a fair trial.
đź“Ś Text and Meaning in Simple Terms
Section 144 provides that:
A court or an investigating authority may order that certain evidence (documents, records, objects, or things) that relate to a pending case not be produced, supplied, or disclosed to any person (including the parties, lawyers, or the public) unless the court specifically permits it.
This restriction can be applied when:
The evidence is sensitive.
The disclosure is likely to interfere with ongoing investigations or court proceedings.
There is a risk of tampering, misuse, or prejudice to a fair trial.
The court or authority ordering the restriction must do so in writing and state the reasons for the restriction.
đź“Ś Key Features and Principles
🔹 Why Section 144 Exists
To protect ongoing investigations and ensure fair trial rights.
To prevent tampering with evidence or disclosure of sensitive material.
To ensure that the administration of justice is not compromised by premature or inappropriate access to evidence.
🔹 Who Can Issue an Order Under Section 144
A court presiding over the matter.
An investigating authority, if statutorily empowered (for example, a police officer or a designated official conducting investigations).
🔹 What It Can Restrict
The section gives power to restrict access to:
Written or electronic documents.
Physical objects or materials.
Records that are part of the evidence or are used in the investigation.
🔹 Extent of Restriction
It can restrict production, supply, or disclosure.
The restriction remains in force until the court allows it or the matter is disposed.
The restriction is not absolute — the court can lift it after considering fairness, necessity, and rights of parties.
📌 How Section 144 Works in Practice
🎯 Scenario 1 — Sensitive Evidence
A key document contains confidential business information. The court may order under Section 144 that it not be disclosed to anyone other than the judges and lawyers, until the final hearing.
🎯 Scenario 2 — Ongoing Investigation
During investigation of a complex fraud case, the investigating officer may ask the court to restrict access to certain materials to prevent suspects from destroying or falsifying evidence.
🎯 Scenario 3 — National Security or Privacy
If records relate to national security or personal privacy that could be harmed by disclosure, Section 144 restriction may be placed to protect public interest.
đź“Ś Important Principles to Remember
🧠Fair Trial
Section 144 must be applied in a way that protects the right to a fair trial — it should not be used arbitrarily to hide evidence that should legally be shared.
⚖️ Court’s Discretion
The power under Section 144 is discretionary — it depends on judicial assessment of necessity and fairness.
đź“ś Written Order Required
The restriction must be clearly ordered in writing, stating:
The evidence covered;
The reasons for restriction;
The period of restriction, if applicable.
📢 Not a Punishment
Section 144 is not a punishment for any party — it is a procedural protection to uphold the integrity of evidence.
📌 Summary — What Section 144 Does
| Feature | Explanation |
|---|---|
| Legal basis | Restricts production/supply/disclosure of evidence during proceedings |
| Who can order | Court or authorized investigating authority |
| Purpose | Protect evidence integrity and fair trial |
| Condition | Written order specifying reasons |
| Duration | Until court lifts restriction or case concludes |
| Not absolute | Court can allow access upon application and justification |
✨ In Simple Everyday Language
Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 allows a court or investigator, when necessary, to temporarily keep certain evidence under wraps — so that it is not shown to others until the proper time. This prevents evidence from being lost, tampered with, or misused — helping ensure justice is done fairly.
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