Section 132 IEA: Witness not excused from answering on ground that answer will criminate

Indian Evidence Act, 1872

Section 132 IEA at a Glance

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

Now BSA

Section 137 →

Section 132 IEA Bare Act Text

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.

Source: Section 132, Indian Evidence Act, 1872

Section 132 IEA in Simple Words

Section 132 of the Indian Evidence Act, 1872 stops a witness from refusing to answer a relevant question in court. The witness must answer even when the reply might criminate (show involvement in a crime) that witness. The witness also cannot refuse because the reply might cause a penalty or forfeiture (loss of property).

The rule applies in civil suits as well as in civil and criminal proceedings. If a question relates to a matter in issue, the witness has to answer it. It makes no difference whether the risk of criminating the witness or causing a penalty is direct or indirect.

However, the Act protects a witness who is compelled (forced by the court) to give such a reply. A compelled answer cannot be used to arrest or prosecute the witness. That reply also cannot be proved against the witness in a criminal case. The only exception is when the witness is prosecuted for giving false evidence through that reply.

When Section 132 IEA 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 132 IEA

In 2022, a forged tax receipt is at the centre of a civil property suit in Jaipur, and Ramesh is called as a witness to answer a question about how the receipt was made. Ramesh refuses to answer on the ground that the reply will criminate the witness in a forgery case. Under Section 132 IEA, the court does not excuse the refusal and compels Ramesh to answer the question. Because the court compelled the reply, that answer about the forged tax receipt cannot be used to arrest or prosecute Ramesh or be proved against the witness in any criminal proceeding, unless the reply itself is false evidence.

When Section 132 IEA 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 132 IEA in the BSA

Section 132 IEA is now covered under Section 137 BSA.

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.

View detailed comparison (IEA 132 vs BSA 137) →

FAQs on Section 132 IEA

What is Section 132 IEA?▼

Section 132 of the Indian Evidence Act, 1872 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 because the reply may lead to a penalty?▼

No. Section 132 IEA 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 witness be prosecuted if a compelled answer under Section 132 IEA is a lie?▼

Yes. While a compelled answer cannot be used to arrest or prosecute the witness for the matter disclosed, the proviso makes an exception when the answer itself is false. The witness can still face prosecution for giving false evidence through that reply.

What is Section 132 IEA in BSA?▼

Section 137 BSA. From 1 July 2024, Section 137 BSA replaced Section 132 IEA with no substantive change, except that the heading word Proviso was dropped.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·