Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
State Secrets Privilege (Section 123 IEA / Section 129 BSA)
Evidentiary Rules & Proof Standards
Definition
The statutory immunity preventing any person from giving evidence derived from unpublished official records relating to affairs of State, except with the permission of the head of the department concerned.
Example
In State of U.P. v. Raj Narain, the Supreme Court examined the scope of Section 123 IEA, ruling that the court has the residual power to inspect the document in camera to determine whether disclosure would genuinely injure public interest or national security.