Section 129 BSA | Bharatiya Sakshya Adhiniyam, 2023
Evidence as to affairs of State.
No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or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.
Section 130 BSA | Bharatiya Sakshya Adhiniyam, 2023
Official communications.
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.
Section 131 BSA | Bharatiya Sakshya Adhiniyam, 2023
Information as to commission of offences.
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.
Section 132 BSA | Bharatiya Sakshya Adhiniyam, 2023
Professional communications.
(1) No advocate, shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service:
Provided that nothing in this section shall protect from disclosure of—
(a) any such communication made in furtherance of any illegal purpose;
(b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service.
(2) It is immaterial whether the attention of such advocate referred to in the proviso to
sub-section (1), was or was not directed to such fact by or on behalf of his client. Explanation.—The obligation stated in this section continues after the professional service has ceased.
Illustrations.
(a) A, a client, says to B, an advocate—"I have committed forgery, and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.
(b) A, a client, says to B, an advocate—"I wish to obtain possession of property by the use of a forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.
(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the proceedings, B observes that an entry has been made in A's account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
(3) The provisions of this section shall apply to interpreters, and the clerks or employees of advocates.
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Section 133 BSA | Bharatiya Sakshya Adhiniyam, 2023
Privilege not waived by volunteering evidence.
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose.
Section 134 BSA | Bharatiya Sakshya Adhiniyam, 2023.
Confidential communication with legal advisers.
No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.
Section 135 BSA | Bharatiya Sakshya Adhiniyam, 2023
Production of title-deeds of witness not a party.
No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.
Section 136 BSA | Bharatiya Sakshya Adhiniyam, 2023
Production of documents or electronic records which another person, having possession, could refuse to produce.
No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.
Section 137 BSA | Bharatiya Sakshya Adhiniyam, 2023
Witness not excused from answering on ground that answer will criminate.
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:
Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution forgiving false evidence by such answer.
Section 138 BSA | Bharatiya Sakshya Adhiniyam, 2023
Accomplice.
An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
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BSA Section 129-138,Section 130,131,132,133,134,135,136,137 BSA|Bharatiya Sakshya Adhiniyam Bare Act
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