Section 130 Bharatiya Sakshya Adhiniyam, 2023: Official communications

Section 130 of Bharatiya Sakshya Adhiniyam, 2023: Official communications

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 130

Section 130 protects official communications made to a public officer in official confidence, providing that no public officer shall be compelled to disclose them when they consider that public interests would suffer by the disclosure.

Official Confidence Standard: The communication must have been made in confidence to a public officer in the discharge of official duties.
Public Interest Evaluation: The public officer evaluates whether disclosure would prejudice the administrative process or public interest.
Administrative Deliberation Protection: Shields internal inter-departmental advice, vigilance inquiries, and confidential staff notes.

Key Landmark Precedents:

State of U.P. v. Raj Narain (1975) 4 SCC 428: The Supreme Court held that the court must balance the public interest in the administration of justice against the public interest in non-disclosure of official confidential communications under Section 124 IEA (Section 130 BSA).
Dinesh Trivedi v. Union of India (1997) 4 SCC 306: Affirmed that the Vohra Committee report on criminal-political nexus involved public interest considerations balancing disclosure and executive confidence.

Courtroom Practice & Strategic Litigation Guidance:

To resist production of internal department memos, show that the notes contain candid preliminary opinions of officers whose disclosure would chill frank administrative deliberations, satisfying Section 130.