Information as to commission of offences
The informer’s shield. A Magistrate or police officer cannot be compelled to reveal whence — from whom or where — he got information of an offence; nor a revenue officer, for offences against the public revenue.
How to read Section 131
An officer who learns of an offence cannot be forced to reveal his source — so people can report crime without fear of being named.
Cannot be compelled to say whence he got information as to the commission of any offence.
Cannot be compelled to say whence he got information as to an offence against the public revenue.
It protects the source — encouraging people to report crime without fear of exposure.
The bare Act
The section in its own words — two limbs, and an Explanation.
Magistrate / police. No Magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence,
Revenue officer. and no revenue officer shall be compelled to say whence 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.
In short: this is the informer’s privilege. An officer who comes to know of an offence cannot be forced to disclose whence — from whom or from where — the information came. The reason is practical: if sources could be named in court, few would ever come forward, and the flow of information about crime would dry up. The shield runs to a Magistrate or police officer for any offence, and to a revenue officer for offences against the public revenue — and the Explanation reads ‘revenue officer’ widely, covering any officer employed in or about the business of any branch of the public revenue. Two boundaries: it protects the source, not the information or the facts themselves; and it bars only compulsion — the officer is not obliged to name his informant. [OCR note: the source text read ‘when he got’; the section is ‘whence he got’ — the word means from where/whom, which is the whole point of the privilege.]
→ This carries forward IEA 1872 § 125 — the protection of the source of information about offences.
Glossary
From whom or where the information came — its source.
The doing of a crime.
A crime affecting State revenue — e.g. tax, customs or excise.
Any officer employed in or about the business of any branch of the public revenue (Explanation).
Forced to reveal it in evidence — the section bars only compulsion.
The protection of the person who gave the information.
The picture
The source is sealed — the officer cannot be forced to name whoever told him of the offence.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
the privilegeThe source of information about an offence stays sealed
revenue officerRead widely — any branch of the public revenue
Connected provisions
Official communications
The previous official privilege — confidential communications to a public officer.
Professional communications
Legal professional privilege — a client’s communications, documents and advice, sealed but for the crime-fraud exception.
IEA 1872, § 125
Carried forward — protection of the source of information about offences.
