Law4u - Made in India

What Is BSA Section 137?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 137: Witness Not Excused from Answering on Ground That Answer Will Criminate

A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:

Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.

Brefe Detail

Section 137 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that witnesses cannot refuse to answer relevant questions based on the potential for self-incrimination. However, any answer given under compulsion cannot be used against the witness in criminal proceedings, except in cases of false evidence.

Question & Answers

Q1: What does Section 137 state about witnesses answering incriminating questions?

A1: It states that witnesses cannot be excused from answering relevant questions even if the answers may incriminate them.

Q2: What protections do witnesses have when compelled to answer?

A2: Any answer given under compulsion cannot be used against the witness in criminal proceedings, except in cases of false evidence.

Q3: Can a witness refuse to answer questions that may expose them to penalties?

A3: No, witnesses cannot refuse to answer questions based on the potential for penalties or forfeiture.

Example

1. Scenario 1: A witness is asked about their involvement in a crime. They cannot refuse to answer based on the possibility that their answer may incriminate them.

2. Scenario 2: If a witness answers questions under compulsion, those answers cannot be used against them in any future criminal prosecution, except if they are found to have given false testimony.

3. Scenario 3: A witness may be asked about financial dealings that could expose them to penalties. They must answer these questions, even if the answers might lead to legal consequences.

Summary

Section 137 of the Bhartiya Sakshya Adhiniyam, 2023, mandates that witnesses must answer all relevant questions, regardless of the potential for self-incrimination. However, answers given under compulsion are protected from being used in criminal proceedings, except in cases where false evidence is provided.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rakesh Kumar Yadav

Advocate Rakesh Kumar Yadav

Civil, Consumer Court, Cheque Bounce, Criminal, Cyber Crime, Divorce, Family, Court Marriage, Child Custody, Labour & Service, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate S Karthik

Advocate S Karthik

Cheque Bounce, Civil, Consumer Court, Banking & Finance, Divorce, Domestic Violence, Landlord & Tenant, Motor Accident, Succession Certificate, Criminal

Get Advice
Advocate M Anand Kumar

Advocate M Anand Kumar

Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Family, Domestic Violence, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Gaurav Dayal

Advocate Gaurav Dayal

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate

Get Advice
Advocate Pankaj Wadhwani

Advocate Pankaj Wadhwani

Anticipatory Bail,Criminal,Divorce,Family,High Court,

Get Advice
Advocate Yogesh Kumar Gautam

Advocate Yogesh Kumar Gautam

Banking & Finance, Cheque Bounce, Civil, Consumer Court, Cyber Crime, Documentation, Insurance, Landlord & Tenant, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Shrajal Rastogi

Advocate Shrajal Rastogi

Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Shakar Khan

Advocate Shakar Khan

Civil, Criminal, Child Custody, Divorce, Family, Anticipatory Bail

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.