Introduction
This article will focus on the concept of Privileged Communication in light of Bharatiya Sakshya Adhiniyam, 2023 (BSA) under Sections 128 to 139 of BSA.
Section 128 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Communications during Marriage
Section 128 protects married individuals from being forced to disclose communications made during marriage. Such communications are privileged unless consented to, except in suits between spouses or proceedings involving crimes committed against one another.
Example:
If during their marriage, A communicates certain private matters to B, B cannot be compelled to reveal these communications in court unless both parties agree or in cases involving crimes against each other.
Section 129 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Evidence as to Affairs of State
Section 129 establishes a protective shield over unpublished official records related to affairs of State. Permission from the head of the concerned department is necessary for anyone to derive evidence from such records.
Example:
If a person seeks to use classified government documents as evidence in court, they must obtain permission from the head of the relevant department.
Section 130 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Official Communications
Section 130 extends protection to public officers, preventing them from disclosing communications made to them in official confidence when the public interest would suffer by such disclosure.
Example:
If a public officer receives confidential information vital for national security, they cannot be compelled to disclose it if revealing the information would harm public interests.
Section 131 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Information as to Commission of Offences
Section 131 safeguards Magistrates, police officers, and revenue officers from being compelled to disclose when they received information about the commission of any offence.
Example:
If a police officer receives a tip about a crime, they cannot be forced to reveal when they obtained this information.
Section 132 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Confidential Communication with Legal Advisers
Section 132 focuses on privileged communication between advocates and clients. Advocates are protected from disclosing any communication made in the course of their service, except in specific circumstances involving communications for illegal purposes, crimes, or fraud.
Section 133 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Competency of Husband and Wife as Witnesses in Certain Cases
Section 133 clarifies the competency of husbands and wives as witnesses, emphasizing that neither party is compelled to disclose communication made during marriage unless mutual consent is given.
Example:
If a spouse confides in the other about a sensitive issue, the recipient cannot be forced to disclose this communication in legal proceedings.
Section 134 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Production of Title-Deeds of Witness Not a Party
Section 134 ensures that witnesses who are not parties to a suit are not compelled to produce their title-deeds or documents that might incriminate them.
Example:
If a witness holds title-deeds to a property but is not a party to the case, they cannot be forced to produce these documents.
Section 135 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Production of Documents or Electronic Records
Section 135 specifies that no one shall be compelled to produce documents or electronic records unless the person seeking production has the right to refuse if they were in his possession or control.
Example:
If an individual possesses private electronic records, they cannot be compelled to produce them unless they consent.
Section 136 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Compelling Production of Documents or Electronic Records
Section 136 reiterates that a person cannot be compelled to produce documents or electronic records that another person would be entitled to refuse unless the latter consents.
Example:
If person A has control over certain documents and person B seeks their production, A cannot be forced to comply unless A consents.
Section 137 of Bharatiya Sakshya Adhiniyam. 2023 (BSA): Witness Not Excused from Answering on Ground of Self-Incrimination
Section 137 emphasizes that a witness cannot refuse to answer relevant questions on the grounds of self-incrimination, but any compelled answer cannot be used against them in criminal proceedings.
Example:
If a witness fears that their answer may incriminate them, they cannot refuse to answer but their response cannot be used against them in a subsequent criminal trial.
Sections 138-139: Competence of Accomplice as Witness and Number of Witnesses
Sections 138 and 139 establish the competence of an accomplice as a witness and eliminate any specific requirement for the number of witnesses, respectively.
Frequently Asked Questions (FAQs) on Privileged Communication Safeguards in BSA, 2023:
Q1: What does Section 128 of BSA, 2023 entail?
A1: Section 128 protects married individuals from being compelled to disclose communications made during marriage, except in specific circumstances. Such communications are privileged unless mutual consent is given or in cases involving crimes against each other.
Q2: Can you provide an example illustrating Section 129 regarding Evidence as to Affairs of State?
A2: If someone wishes to use classified government documents as evidence in court, Section 129 mandates obtaining permission from the head of the relevant department. Without this permission, such evidence is not admissible.
Q3: How does Section 130 protect public officers?
A3: Section 130 extends protection to public officers, preventing them from disclosing communications made to them in official confidence when such disclosure would harm public interests.
Q4: In what scenarios does Section 132 on Confidential Communication with Legal Advisers apply?
A4: Section 132 protects advocates from disclosing any communication made in the course of their service, except in specific circumstances involving illegal purposes, crimes, or fraud. For instance, if a client seeks legal advice on a matter, the advocate cannot disclose this communication unless it involves illegal activities or fraud.
Q5: What is the significance of Section 133 regarding the competency of husbands and wives as witnesses?
A5: Section 133 clarifies that neither party in a marriage is compelled to disclose communication made during marriage unless mutual consent is given. For example, if a spouse confides in the other about a sensitive issue, the recipient cannot be forced to disclose this communication in legal proceedings.
Q6: Could you explain Section 134 and its implications for witnesses not party to a suit?
A6: Section 134 ensures that witnesses who are not parties to a suit are not compelled to produce their title-deeds or documents that might incriminate them. For instance, if a witness holds title-deeds to a property but is not a party to the case, they cannot be forced to produce these documents.
Q7: What does Section 137 emphasize regarding a witness's response to questions?
A7: Section 137 emphasizes that a witness cannot refuse to answer relevant questions on the grounds of self-incrimination. However, any compelled answer cannot be used against them in criminal proceedings.
Q8: How do Sections 138 and 139 impact witnesses, especially accomplices?
A8: Section 138 establishes that an accomplice is a competent witness against an accused person, and Section 139 eliminates any specific requirement for the number of witnesses.
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