Section 147 IEA: When witness to be compelled to answer
Indian Evidence Act, 1872
Section 147 IEA at a Glance
Section 147 IEA deals with when witness to be compelled to answer. From 1 July 2024 it is replaced by Section 150 BSA.
Section 147 IEA Bare Act Text
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.
Source: Section 147, Indian Evidence Act, 1872
Section 147 IEA in Simple Words
Section 147 of the Indian Evidence Act, 1872 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 132 IEA apply to it.
Under Section 132 IEA, 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 132 IEA 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 147 IEA 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 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.
Example of Section 147 IEA
Section 147 IEA in the BSA
Section 147 IEA is now covered under Section 150 BSA.
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.
View detailed comparison (IEA 147 vs BSA 150) →FAQs on Section 147 IEA
What is Section 147 IEA?▼
Section 147 of the Indian Evidence Act, 1872 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 132 IEA apply to it.
Can a witness refuse to answer a question on a relevant matter under Section 147 IEA because the answer might criminate the witness?▼
No. Because Section 147 IEA applies Section 132 IEA, 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 147 IEA and Section 132 IEA be used to prosecute the witness?▼
No. Under the proviso to Section 132 IEA, 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 147 IEA in BSA?▼
Section 150 BSA. It 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, Indian Evidence Act, 1872 ·