IEA 147 to BSA 150: When witness to be compelled to answer
Section 147 IEA (1872) replaced by Section 150 BSA (2023)
IEA 147 to BSA 150 at a Glance
Section 147 IEA (When witness to be compelled to answer) is now Section 150 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 147 to BSA 150?
Section 147 of the Indian Evidence Act, 1872 became Section 150 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.
IEA 147 vs BSA 150: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 147 | 150 |
| Heading | When witness to be compelled to answer | Same |
| Cross-references | s.132 | s.137 |
IEA 147 and BSA 150: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 147, IEA 1872
147. When witness to be compelled to answer.—If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 132 shall apply thereto.
BSA 2023 (in force)
Section 150, BSA 2023
150. When witness to be compelled to answer.—If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.
When It Applies: IEA 147 vs BSA 150
Under IEA 147
- Applies when a witness is asked such a question in a suit or a proceeding.
- The question must concern a matter that is relevant in the suit or the proceeding.
- Section 132 IEA then applies, so the witness cannot refuse to answer on the ground that the answer might criminate the witness or expose the witness to any penalty or forfeiture, and a compelled answer cannot be used to arrest or prosecute the witness or be proved against the witness in a criminal case except for giving false evidence.
Under BSA 150
- Applies when a witness is asked such a question in a suit or a proceeding.
- The question must concern a matter that is relevant in the suit or the proceeding.
- Section 137 BSA then applies, so the witness cannot refuse to answer on the ground that the answer might criminate the witness or expose the witness to any penalty or forfeiture, and a compelled answer cannot be used to arrest or prosecute the witness or be proved against the witness in a criminal case except for giving false evidence.
What IEA 147 to BSA 150 Means in Practice
Section 147 IEA became Section 150 BSA on 1 July 2024 with no substantive change, and the cross-reference to Section 132 IEA was updated to Section 137 BSA. The same rule applies, and a person in court should cite Section 150 BSA (read with Section 137 BSA) for matters governed by the Adhiniyam.
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 ·