Section 129 of BSA : Section 129: Evidence as to affairs of State.

Explanation using Example

Example 1:

Scenario: A journalist is investigating a corruption scandal involving a high-ranking government official. The journalist obtains some unpublished official records from a whistleblower within the government department.

Application of Section 129: The journalist cannot use these unpublished official records as evidence in court unless they obtain permission from the head of the concerned government department. If the head of the department decides not to grant permission, the records cannot be used as evidence in any legal proceedings.

Example 2:

Scenario: A citizen files a Right to Information (RTI) request to access certain unpublished official records related to a government project that allegedly caused environmental damage. The citizen wants to use these records in a public interest litigation (PIL) against the government.

Application of Section 129: Even if the citizen obtains the records through the RTI, they cannot present these unpublished official records as evidence in court without the permission of the head of the concerned department. The head of the department has the discretion to grant or withhold permission based on their judgment.

Example 3:

Scenario: A defense lawyer in a criminal case wants to use unpublished official records from the Ministry of Home Affairs to prove their client's innocence. The records contain sensitive information about internal security measures.

Application of Section 129: The defense lawyer must seek permission from the head of the Ministry of Home Affairs to use these unpublished official records as evidence in court. If the head of the department denies permission, the lawyer cannot present these records as evidence in the trial.

Example 4:

Scenario: An academic researcher is conducting a study on the decision-making process within a government department and wants to use unpublished official records to support their findings in a published paper.

Application of Section 129: The researcher must obtain permission from the head of the concerned department to use the unpublished official records. If permission is not granted, the researcher cannot use these records in their published work or any related legal proceedings.