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BSA, 2023
Start Practicing
BSAChapter IXSection 129
Section129

Evidence as to affairs of State

AI Assist

Summary

Unpublished official records about affairs of State cannot be produced as evidence unless the head of the relevant department gives permission. That officer has discretion to allow or refuse access. If permission is withheld, the material may not be used in court.

Example

Priya sues over a delayed government contract and wants to file an internal, unpublished departmental memo as proof. The court will not admit that memo unless the head of the relevant department gives permission. Without that permission Priya cannot rely on the memo as evidence.

Bare Act

Enacted text

No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or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.

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IX

Chapter IX

Of Witnesses

In this chapter

  • 124Who may testify
  • 125Witness unable to communicate verbally
  • 126Competency of husband and wife as witnesses in certain cases
  • 127Judges and Magistrates
  • 128Communications During marriage
  • 129Evidence as to affairs of State
  • 130Official communications
  • 131Information as to commission of offences
  • 132Professional communications
  • 133Privilege not waived by volunteering evidence
  • 134Confidential communication with legal advisers
  • 135Production of title-deeds of witness not a party
  • 136Production of documents or electronic records which another person, having possession, could refuse to produce
  • 137Witness not excused from answering on ground that answer will criminate
  • 138Accomplice
  • 139Number of witnesses
Previous · Section 128Communications During marriageNext · Section 130Official communications