Section 176 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 176 of the Bharatiya Sakshya Adhiniyam, 2023
📜 Text of Section 176
Section 176: Information as to commission of offences
No Magistrate or police officer shall be compelled to say when he got any information as to the commission of any offence, and no revenue officer shall be compelled to say when he got any information as to the commission of any offence against the public revenue.
Explanation: "Revenue officer" means any officer employed in or about the business of any branch of the public revenue.
🔍 Explanation
Section 176 of the Bharatiya Sakshya Adhiniyam, 2023, establishes that certain officials—specifically Magistrates, police officers, and revenue officers—are not obligated to disclose the exact time or circumstances under which they received information about the commission of an offence. This provision aims to protect the confidentiality of sources and the integrity of investigative processes.
⚖️ Legal Significance
Protection of Informants: By preventing the disclosure of when information was received, this section helps protect the identity and safety of informants or sources.
Preservation of Investigative Integrity: It ensures that the methods and timing of information gathering remain confidential, thereby maintaining the integrity of investigations.
Limitation on Disclosure: The section limits the scope of what can be disclosed in legal proceedings, focusing on the substance of the information rather than the specifics of its receipt.
🧾 Example
Scenario: A police officer receives an anonymous tip about a planned robbery. During the trial of the accused, the defense attorney seeks to know when the officer received this information.
Application of Section 176: The officer is not compelled to disclose the exact time or source of the information, as per Section 176, to protect the confidentiality of the informant and the investigative process.
Summary: Section 176 of the Bharatiya Sakshya Adhiniyam, 2023, safeguards the confidentiality of the timing and circumstances under which certain officials receive information about the commission of offences. This protection is vital for maintaining the integrity of investigations and ensuring the safety of informants.
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