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BSA, 2023
Start Practicing
BSAChapter IXSection 130
Section130

Official communications

AI Assist

Summary

A public officer need not disclose communications made to them in official confidence if they believe revealing them would harm the public interest. When the officer forms that view, they cannot be compelled to produce those communications in court or to other authorities. The protection covers only communications given in confidence and judged likely to injure public interest.

Example

Priya, a municipal health officer, receives a confidential report from a hospital about a contagious outbreak. A magistrate orders her to hand over the report during an inquiry, but Priya refuses because she believes disclosure would cause panic and hinder containment. Under this rule she cannot be forced to disclose the report.

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Enacted text

No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.

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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 129Evidence as to affairs of StateNext · Section 131Information as to commission of offences