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 Shubham Sharma

Advocate Shubham Sharma

Criminal, GST, Divorce, Anticipatory Bail, Court Marriage, Cheque Bounce, Family, Domestic Violence, Civil, Breach of Contract, Landlord & Tenant, Motor Accident

Get Advice
Advocate Ashish Kumar Pandey

Advocate Ashish Kumar Pandey

Civil, Divorce, Family, Property, Cheque Bounce, Domestic Violence, Revenue

Get Advice
Advocate Aman Jani

Advocate Aman Jani

Civil, Cheque Bounce, Banking & Finance, Criminal, Divorce, Family, Domestic Violence, Motor Accident, Revenue, Labour & Service, Court Marriage, Corporate, Anticipatory Bail, Child Custody, High Court, Property, Succession Certificate, Wills Trusts

Get Advice
Advocate Ajay Singh Sikarwar

Advocate Ajay Singh Sikarwar

Cheque Bounce, Civil, Criminal, Family, Motor Accident

Get Advice
Advocate Soumya Mule

Advocate Soumya Mule

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

Get Advice
Advocate Janardhan Akula

Advocate Janardhan Akula

Anticipatory Bail,Civil,Consumer Court,Criminal,Documentation,Medical Negligence,Motor Accident,Muslim Law,Succession Certificate,Cheque Bounce,Child Custody,Divorce,High Court,Domestic Violence,Family,Property,R.T.I,

Get Advice
Advocate Mohd Alam

Advocate Mohd Alam

Cheque Bounce, Child Custody, Court Marriage, Criminal, Muslim Law, Wills Trusts, Motor Accident, Family, Domestic Violence, Anticipatory Bail, Cyber Crime

Get Advice
Advocate Kathappan A

Advocate Kathappan A

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Motor Accident, Domestic Violence, Cyber Crime, Documentation, Banking & Finance, Labour & Service

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.