IEA 132 to BSA 137: Witness not excused from answering on ground that answer will criminate
Section 132 IEA (1872) replaced by Section 137 BSA (2023)
IEA 132 to BSA 137 at a Glance
Section 132 IEA (Witness not excused from answering on ground that answer will criminate) is now Section 137 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 132 to BSA 137?
Section 132 of the Indian Evidence Act, 1872 became Section 137 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The label "Proviso" was dropped.
IEA 132 vs BSA 137: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 132 | 137 |
| Heading | Witness not excused from answering on ground that answer will criminate | Same |
IEA 132 and BSA 137: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 132, IEA 1872
132. 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:
Proviso.—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.
BSA 2023 (in force)
Section 137, BSA 2023
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.
When It Applies: IEA 132 vs BSA 137
Under IEA 132
- Applies to a witness being questioned in a suit or in a civil or criminal proceeding.
- Applies when the question is about a matter that is relevant to the matter in issue.
- Applies when the answer will or may directly or indirectly criminate the witness, or expose the witness to any penalty or forfeiture.
- Protects the witness from arrest, prosecution, or use of the answer in a criminal case when the witness is compelled to give the answer.
Under BSA 137
- Applies to a witness being questioned in a suit or in a civil or criminal proceeding.
- Applies when the question is about a matter that is relevant to the matter in issue.
- Applies when the answer will or may directly or indirectly criminate the witness, or expose the witness to any penalty or forfeiture.
- Protects the witness from arrest, prosecution, or use of the answer in a criminal case when the witness is compelled to give the answer.
What IEA 132 to BSA 137 Means in Practice
Section 132 IEA became Section 137 BSA on 1 July 2024 with no substantive change, and the heading word Proviso was dropped. The same rule on compelling a witness to answer relevant questions and protecting compelled answers continues to apply. A person in court should cite Section 137 BSA for matters governed by the BSA.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·