Section 137 BSA: Witness Not Excused From Answering on Ground That Answer Will Criminate
Section 137 of the Bharatiya Sakshya Adhiniyam, 2023 deals with compelled answers by a witness. A witness cannot refuse to answer a question relevant to the matter in issue merely because the answer may incriminate the witness or expose the witness to a penalty or forfeiture.
Current law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. Section 137 forms part of the law governing evidence in judicial proceedings.
Text and meaning of Section 137
Section 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 on the ground that the answer will, or may directly or indirectly, criminate the witness or expose the witness to a penalty or forfeiture.
The proviso protects a witness who is compelled to give such an answer: the compelled answer cannot subject the witness to arrest or prosecution and cannot be proved against the witness in a criminal proceeding, except in a prosecution for giving false evidence by that answer.
What Section 137 does
- It compels an answer to a relevant question. A witness cannot claim a general right to remain silent merely because the answer may be self-incriminating.
- It protects the compelled answer. The answer cannot ordinarily be used to arrest or prosecute the witness or be proved against the witness in a criminal case.
- The protection is linked to compulsion. The statutory protection applies to an answer that the witness is compelled to give under the provision.
- False evidence remains punishable. The protection does not extend to prosecution for giving false evidence through the compelled answer.
Why the provision is important
Section 137 balances two objectives of the law of evidence. First, courts must be able to obtain relevant evidence from witnesses. Second, a witness compelled to answer should not ordinarily suffer criminal consequences merely because the answer is self-incriminating. The proviso therefore gives statutory protection to the compelled answer while preserving liability for false evidence.
Scope of the protection
The provision applies to relevant questions in suits and in civil or criminal proceedings. It covers answers that may directly or indirectly incriminate the witness as well as answers that may expose the witness to a penalty or forfeiture.
The protection does not make an untruthful answer lawful. A witness must still answer truthfully, and the statute expressly preserves prosecution for false evidence arising from the answer.
Related BSA provisions
Section 137 should be read with nearby provisions on privilege, production of documents, accomplice evidence and examination of witnesses. See Section 136 - Production of documents or electronic records which another person could refuse to produce, Section 138 - Accomplice, Section 139 - Number of witnesses, and Section 140 - Order of production and examination of witnesses.
Official legal sources
For the authoritative text and commencement notification, consult the official India Code publication of the Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs notification bringing the Act into force from 1 July 2024.
Reviewed for current law and official sources: 13 September 2026.