Section 131 Bharatiya Sakshya Adhiniyam, 2023: Information as to commission of offences

Section 131 of Bharatiya Sakshya Adhiniyam, 2023: Information as to commission of offences

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 131

Section 131 protects the identity of confidential police informants, providing that no Magistrate or police officer shall be compelled to say whence they got any information as to the commission of any offense, and no revenue officer regarding revenue offenses.

Informant Anonymity Sanctity: Absolute privilege protecting the name, address, and identity of secret police and intelligence sources.
Public Order Foundation: Ensures that citizens and intelligence informants can report crimes without fear of assassination or reprisal.
Applies to Police & Revenue Officers: Extends to DRI, NCB, ED, Income Tax, and Customs officers investigating financial and narcotics crimes.

Key Landmark Precedents:

State of U.P. v. Raj Narain (1975) 4 SCC 428: The Supreme Court reaffirmed that the identity of police informants must be protected under Section 125 IEA (Section 131 BSA) as a matter of fundamental public policy to maintain the intelligence network.
R. v. Agar [1990] 2 All ER 442: Leading common law authority: the court will not compel disclosure of an informer's identity unless strictly necessary to prove the innocence of the accused.

Courtroom Practice & Strategic Litigation Guidance:

In cross-examination of the Investigating Officer, trial courts will disallow any question asking: 'Who was your secret source?' or 'Where did you receive the secret tip-off?' Object immediately under Section 131 BSA.