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BSA 2023 § 131 — Information as to commission of offences

§ SECTION 131 · BSA 2023 · CHAPTER IX — OF WITNESSES

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.

Magistrate / police

Cannot be compelled to say whence he got information as to the commission of any offence.

Revenue officer

Cannot be compelled to say whence he got information as to an offence against the public revenue.

Why

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.

Section 131 · verbatim

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 whencefrom 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

whence he got the information

From whom or where the information came — its source.

commission of any offence

The doing of a crime.

offence against the public revenue

A crime affecting State revenue — e.g. tax, customs or excise.

revenue officer

Any officer employed in or about the business of any branch of the public revenue (Explanation).

compelled to say

Forced to reveal it in evidence — the section bars only compulsion.

informer / source privilege

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.

an informant tells aMagistrate / police / revenueofficer of an offencein court he is asked:‘whence did youget this?’he cannot becompelled to answerit protects the SOURCE — not the information or the facts themselvesso people can report crime without fear of being named‘revenue officer’ is read widely — any branch of the public revenue

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

In one lineA Magistrate or police officer (and a revenue officer, for revenue offences) cannot be compelled to say whence — from whom — he got information of an offence.
1officer learns of anoffence from asource / informant2asked in court:‘whence did youget this?’3not compellableto name thesourcethe informant is shielded — so information about crime keeps flowing
No Magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence,Magistrate/police: source of any offence protectedhe need not reveal from whom or where the information about the offence came.
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.revenue officer: source of a revenue offence protectedthe same shield for a revenue officer, as to offences against the public revenue.
ExampleA police officer acts on a tip-off and makes an arrest. In the trial, the defence asks him to name his informant. He cannot be compelled to do so — the source is protected.
✗ Not thisThe shield covers the source, not the facts. The officer can still be asked what the offence was and what he did — he simply cannot be forced to reveal from whom the information came.

revenue officerRead widely — any branch of the public revenue

In one lineThe Explanation defines ‘revenue officer’ broadlyany officer employed in or about the business of any branch of the public revenue.
‘revenue officer’ — read widelyany officer in/about any branch of public revenuetax / incomecustomsexcisethe revenue limb is confined to offences AGAINST the public revenue
Explanation.—“revenue officer” means any officer employed in or about the business of any branch of the public revenue.a wide, purposive definitionit is not limited to a titled ‘revenue officer’ — anyone working in or about any branch of the public revenue counts.
ExampleA customs or excise official who receives a tip about smuggling or tax evasion is a ‘revenue officer’ here — and cannot be compelled to reveal whence the information came.
✗ Not thisThe revenue limb is tied to offences against the public revenue. For ordinary offences, it is the Magistrate/police limb (first part) that applies — not the revenue branch.

Connected provisions

§ 130 · back

Official communications

The previous official privilege — confidential communications to a public officer.

§ 132 · next

Professional communications

Legal professional privilege — a client’s communications, documents and advice, sealed but for the crime-fraud exception.

Chapter IX

Of Witnesses

Competency, and the privileges that limit disclosure — see the chapter map.

lineage

IEA 1872, § 125

Carried forward — protection of the source of information about offences.