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 Adv. Pooja S Pall

Advocate Adv. Pooja S Pall

Anticipatory Bail, Breach of Contract, Cheque Bounce, Consumer Court, Customs & Central Excise, Criminal, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Supreme Court

Get Advice
Advocate Nikhat Parveen

Advocate Nikhat Parveen

Cheque Bounce, Divorce, Family, Civil, Motor Accident

Get Advice
Advocate Jagmohan Singh

Advocate Jagmohan Singh

Anticipatory Bail, Criminal, Cyber Crime, Domestic Violence, High Court, Consumer Court, Civil, Property, Motor Accident, Landlord & Tenant, Insurance, Family, Divorce, Child Custody, Cheque Bounce, Armed Forces Tribunal

Get Advice
Advocate Gaurav Pratap Singh

Advocate Gaurav Pratap Singh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, R.T.I, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Barathkumar

Advocate Barathkumar

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Cyber Crime, Divorce, Documentation, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, RERA, Succession Certificate, Supreme Court, Revenue, Criminal, Arbitration, Customs & Central Excise, Child Custody, Consumer Court, Corporate, Court Marriage, Family, GST, Patent, NCLT, Muslim Law, International Law, Insurance, Immigration, Media and Entertainment, Recovery, Tax, Startup, Trademark & Copyright, Wills Trusts, R.T.I

Get Advice
Advocate Nainesh Chauhan

Advocate Nainesh Chauhan

Cheque Bounce,Criminal,Family,Divorce,Civil,Motor Accident,Property,

Get Advice
Advocate Divya Gaur

Advocate Divya Gaur

Anticipatory Bail, Arbitration, Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, R.T.I

Get Advice
Advocate Narsimha Ale

Advocate Narsimha Ale

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Revenue, Arbitration, Breach of Contract, Court Marriage, Muslim Law, Wills Trusts

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.