Section 150 BSA: When witness to be compelled to answer
Bharatiya Sakshya Adhiniyam, 2023
Section 150 BSA at a Glance
Section 150 BSA deals with when witness to be compelled to answer. It replaced Section 147 IEA on 1 July 2024.
Section 150 BSA Bare Act Text
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.
Source: Section 150, Bharatiya Sakshya Adhiniyam, 2023
Section 150 BSA in Simple Words
Section 150 of the Bharatiya Sakshya Adhiniyam, 2023 states when a witness must be compelled (forced by the court) to answer a question. If a cross-examination question of the kind allowed by the preceding section concerns a matter that is relevant in the suit or the proceeding, the rules in Section 137 BSA apply to it.
Under Section 137 BSA, a witness in a civil or criminal case cannot refuse to answer a question on a relevant matter just because the answer might criminate (show involvement in a crime) the witness, either directly or indirectly. The witness also cannot refuse on the ground that answering might directly or indirectly expose the witness to any kind of penalty or forfeiture (loss of property or rights).
At the same time, the proviso to Section 137 BSA protects a witness who is compelled to answer. That compelled answer cannot be used to arrest or prosecute the witness, and it cannot be proved against the witness in a criminal case. The only exception is a prosecution against the witness for giving false evidence through that answer.
When Section 150 BSA Applies
- 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.
Example of Section 150 BSA
Section 150 BSA in the IEA (Previous Law)
Section 150 BSA replaces Section 147 IEA from the old criminal code.
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.
FAQs on Section 150 BSA
What is Section 150 BSA?▼
Section 150 of the Bharatiya Sakshya Adhiniyam, 2023 states when a witness can be compelled to answer a question. It provides that if such a question concerns a matter that is relevant in the suit or the proceeding, the rules of Section 137 BSA apply to it.
Can a witness refuse to answer a question on a relevant matter under Section 150 BSA because the answer might criminate the witness?▼
No. Because Section 150 BSA applies Section 137 BSA, a witness is not excused from answering a question on a relevant matter on the ground that the answer might directly or indirectly criminate the witness or expose the witness to any penalty or forfeiture.
Can an answer that a witness is compelled to give under Section 150 BSA and Section 137 BSA be used against the witness in a criminal case?▼
No. Under the proviso to Section 137 BSA, an answer that a witness is compelled to give cannot subject the witness to arrest or prosecution or be proved against the witness in any criminal proceeding, except in a prosecution for giving false evidence through that answer.
What is Section 150 BSA in IEA?▼
Section 147 IEA. Section 150 BSA replaced Section 147 IEA on 1 July 2024 with no substantive change, applying Section 137 BSA in place of Section 132 IEA.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·