Section 123: Evidence as to affairs of State

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• S.R. Bommai v. Union of India (1994)A Proclamation under Article 356 is open to judicial review on the material behind it; secularism is a basic feature; the Karnataka and Meghalaya Proclamations were unconstitutional, while those for Madhya Pradesh, Rajasthan and Himachal Pradesh stood.

Questions on this section

3 questions in 16 of our papers cite Section 123. Try these from the free papers:

1. 1. Consider the following statements under the BSA: 1. Evidence derived from unpublished official records relating to affairs of State may be given with the permission of the Court before which it is offered. 2. A public officer shall not be compelled to disclose communications made to him in official confidence when he considers that the public interests would suffer by the disclosure. 3. No revenue officer shall be compelled to say when he got any information as to the commission of any offence against the public revenue. Which of the statements given above is/are correct?

   A.1 and 2 onlyB.1, 2 and 3C.2 and 3 onlyD.3 only
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2. 2. Consider the following statements with reference to State of Uttar Pradesh v. Raj Narain (1975), on the privilege now contained in Section 129 of the BSA (affairs of State): 1. It is ultimately for the Court to decide whether it is in the public interest that the document be disclosed. 2. The objection to disclosure is ordinarily raised by an affidavit of the head of the department, and the Court may also require a Minister's affidavit. 3. Once some innocuous parts of an official document are quoted publicly, the whole document ceases to be an unpublished official record. Which of the statements given above is/are correct?

   A.1, 2 and 3B.1 and 2 onlyC.1 and 3 onlyD.2 only
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3. 3. Match List I (provision of the BSA) with List II (subject matter) and select the correct code: List I A. Section 127 B. Section 129 C. Section 130 D. Section 131 List II 1. Evidence derived from unpublished official records relating to affairs of State 2. Information received by a Magistrate or police officer as to the commission of an offence 3. Questions to a Judge or Magistrate as to his own conduct in Court 4. Communications made to a public officer in official confidence

   A.A-3, B-1, C-4, D-2B.A-1, B-3, C-4, D-2C.A-3, B-1, C-2, D-4D.A-3, B-4, C-1, D-2
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