Section 137 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 137 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in English:
π Section 137 β Witness Not Excused from Answering on Ground That Answer Will Criminate
Text of Section 137:
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.(lawfyi.io, lawfyi.io)
π Understanding the Provision
Section 137 establishes that a witness cannot refuse to answer a question solely on the grounds that the answer may incriminate them or expose them to a penalty. This provision ensures that all relevant facts are brought before the court, promoting transparency and justice.
𧩠Key Points
Compulsion to Answer: A witness is required to answer questions that are relevant to the matter in issue, even if the answer may incriminate them.
Protection Against Self-Incrimination: While a witness must answer, the answer cannot be used against them in a criminal proceeding, except in cases of prosecution for giving false evidence.(jurisquest.com)
Scope of Application: This provision applies to both civil and criminal proceedings, ensuring that the truth is ascertained in all types of legal matters.
βοΈ Importance of Section 137
Ensures Comprehensive Evidence: By compelling witnesses to answer relevant questions, the court can obtain a complete picture of the facts, leading to more informed decisions.
Balances Justice and Protection: While promoting the disclosure of truth, the provision also safeguards witnesses from potential misuse of their testimony in criminal matters.(jurisquest.com)
Aligns with Legal Precedents: This approach aligns with principles found in other legal systems, where the need for truthful testimony is balanced with protections against self-incrimination.
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