Code: Section 131 BSA
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 of Section 131 BSA
Section 131 of the Bharatiya Sakshya Adhiniyam (BSA) provides that neither a Magistrate, police officer, nor a revenue officer can be compelled to disclose when they received information regarding the commission of any offence. This is particularly relevant in cases where the information pertains to offences related to public revenue. Essentially, this section protects the confidentiality of information that may have been obtained by officers during the course of their duties.
The Explanation clarifies the term “revenue officer,” which refers to officers who are involved in the handling of public revenue matters.
Illustration
Example 1: Police Officer’s Disclosure of Information
If a police officer receives information about a potential crime but does not wish to disclose when they received the information, Section 131 ensures they cannot be forced to reveal that timing in court.
Example 2: Revenue Officer’s Confidentiality
A revenue officer involved in the collection of taxes or handling public revenue is not compelled to reveal when they became aware of an offence relating to the public revenue, protecting their ability to perform their duties without unnecessary exposure.
Common Questions and Answers on Section 131 BSA
1. Can a Magistrate be compelled to disclose when they received information about an offence?
- Answer: No, under Section 131 BSA, a Magistrate is not compelled to disclose when they received information about an offence.
2. Does Section 131 apply to all officers?
- Answer: Section 131 specifically applies to Magistrates, police officers, and revenue officers, protecting them from being compelled to disclose when they obtained information regarding the commission of an offence.
3. What is the role of a “revenue officer” under Section 131?
- Answer: A “revenue officer” refers to any officer involved in public revenue matters, and they are protected under Section 131 BSA from being compelled to disclose when they received information regarding offences against the public revenue.
Conclusion
Section 131 of the Bharatiya Sakshya Adhiniyam (BSA) safeguards the confidentiality of certain officials, ensuring that Magistrates, police officers, and revenue officers are not forced to disclose the timing of when they received information about the commission of an offence, particularly in relation to public revenue.
