Evidence as to affairs of State
State privilege. No one may give evidence drawn from unpublished official records relating to affairs of State — except with the permission of the head of the department concerned, who may give or withhold it as he thinks fit.
How to read Section 129
Evidence from unpublished State records is shut out by default — it can come in only if the head of the department gives permission.
Evidence derived from unpublished official records relating to any affairs of State.
No one may give such evidence — it is shut out by default.
Except with the permission of the head of the department concerned, who may give or withhold it as he thinks fit.
The bare Act
The section in its own words — a single rule: a bar, with one gateway.
No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or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.
In short: this is the State privilege — a protection for the public interest in keeping certain official material confidential. Evidence derived from unpublished official records that relate to affairs of State is barred from being given, and the gate is held by one person: the officer at the head of the department concerned, who may give or withhold permission as he thinks fit. Two words do a lot of work. ‘Unpublished’ — once the record has been made public, there is nothing left to protect. ‘Affairs of State’ — the record must concern matters of State business or interest, not merely any government paper. The section fixes who decides (the department head) and the default (exclusion). It is read with the next provision on official communications (§ 130), and, in practice, within the wider law of public-interest immunity — where the competing interests in secrecy and in disclosure are weighed.
→ This carries forward IEA 1872 § 123 — the privilege for unpublished records relating to affairs of State.
Glossary
Matters concerning the business, security or public interest of the State.
Official documents not yet made public — once published, the privilege falls away.
Evidence drawn or taken from those records.
Allowed to place the evidence before the court.
The senior officer in charge — the gatekeeper for permission.
The officer’s discretion whether to allow the disclosure.
The picture
Unpublished State records are sealed by default — only the head of the department can open the gate.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
the barUnpublished State records are shut out — unless permission is given
the gatekeeperThe department head decides — give or withhold, as he thinks fit
Connected provisions
Communications during marriage
The previous privilege — confidences protected in the private sphere; § 129 protects the public sphere.
Official communications
A public officer’s protection against being compelled to disclose communications made in official confidence.
IEA 1872, § 123
Carried forward — the privilege for unpublished records relating to affairs of State.