Section 137 BSA: Witness not excused from answering on ground that answer will criminate

Bharatiya Sakshya Adhiniyam, 2023

Section 137 BSA at a Glance

Section 137 BSA deals with witness not excused from answering on ground that answer will criminate. It replaced Section 132 IEA on 1 July 2024.

Was IEA

Section 132 →

Section 137 BSA Bare Act Text

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.

Source: Section 137, Bharatiya Sakshya Adhiniyam, 2023

Section 137 BSA in Simple Words

Section 137 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, stops a witness from refusing to answer a relevant question in court. A witness must answer even when the reply might criminate (show involvement in a crime) that witness. The witness also cannot refuse because the answer might lead to a penalty or forfeiture (loss of property).

The rule covers civil suits as well as civil and criminal proceedings. When a question relates to a matter in issue, the witness has to answer it. The duty to answer remains whether the risk of criminating the witness or causing a penalty is direct or indirect.

At the same time, the Adhiniyam protects a witness who is compelled (forced by the court) to give such an answer. A compelled reply cannot be used to arrest or prosecute the witness. That reply also cannot be proved against the witness in a criminal case, unless the witness is prosecuted for giving false evidence through that reply.

When Section 137 BSA Applies

  • 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.

Example of Section 137 BSA

In August 2024, a missing warehouse ledger is a relevant matter in issue in a commercial suit in Pune, and Anita is questioned as a witness about what happened to the ledger. Anita objects to answering because the reply would show that the witness altered entries in the ledger and could criminate the witness. Under Section 137 BSA, the court compels Anita to answer the question. Because the court compelled the reply, that answer about the warehouse ledger cannot be used to arrest or prosecute Anita or be proved against the witness in a criminal case, unless the reply itself is false evidence.

When Section 137 BSA Does Not Apply

  • A compelled answer cannot subject the witness to arrest or prosecution, and cannot be proved against the witness in a criminal proceeding.
  • The protection for a compelled answer does not stop a prosecution against the witness for giving false evidence through that answer.

Section 137 BSA in the IEA (Previous Law)

Section 137 BSA replaces Section 132 IEA from the old criminal code.

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.

FAQs on Section 137 BSA

What is Section 137 BSA?▼

Section 137 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that requires a witness to answer relevant questions even when the reply may criminate the witness or cause a penalty or forfeiture. Under its proviso, an answer that the witness is compelled to give cannot be used to arrest or prosecute the witness, or be proved against the witness in a criminal case, except for giving false evidence.

Can a witness in a civil suit refuse to answer a relevant question under Section 137 BSA because the reply may cause a penalty?▼

No. Section 137 BSA applies to any suit and to any civil or criminal proceeding. A witness cannot refuse to answer a relevant question even when the reply may directly or indirectly expose the witness to any kind of penalty or forfeiture.

Can a compelled answer under Section 137 BSA be used against the witness in a prosecution for giving false evidence?▼

Yes. The protection against arrest, prosecution, and use of the answer in a criminal proceeding has an explicit exception. A compelled answer can still be used in a prosecution against the witness for giving false evidence through that answer.

What is Section 137 BSA in IEA?▼

Section 132 IEA. Before 1 July 2024, the same rule was in Section 132 IEA, and Section 137 BSA kept it with no substantive change while dropping the heading word Proviso.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·