Witnesses frequently have to reply to questions that could probably incriminate them or expose them to penalties.There are certain rules provided under Bharatiya Sakshya Adhiniyam,2023(BSA) about when and how a witness can refuse to answer on these grounds.Section 137 of BSA, directs whether a witness can be exempt from answering questions that may incriminate them.
What is Section 137 of BSA?
Section 137 of Bharatiya Sakshya Adhiniyam,2023(BSA) states that a witness cannot refuse to answer any question in a civil or criminal case just because the answer might incriminate them or expose them to a punishment or forfeiture. In simple terms it means that even if a witness’s reply could get them into incrimination ,they are still required to respond.
- DEFINITION OF WITNESS
- Section 137 of BSA applies only to individuals who are formally sworn in as witnesses and provide testimony in the witness box. This section does not cover any statements made during the investigative process under Section 180 of the Bharatiya Nagarik Suraksha Sanhita,2023( BNSS).
- ENGLISH LAW vs. INDIAN LAW
- In English law, witnesses cannot be forced to answer questions that might incriminate them. But Section 137 of BSA takes a different approach, compelling witnesses to answer questions, even if it’s self-incriminating.
- DISTINCTION FROM CONSTITUTIONAL PROTECTION
- Article 20(3) of the Indian Constitution protects accused of offenses from self-incrimination.Although this safeguard does not extend to witnesses. Section 137 of BSA remains unaffected by Article 20(3) of the Indian Constitution.
- VOLUNTARY vs. COMPELLED TESTIMONY
- Section 137 of BSA relates to witnesses who are compelled to testify. If a person voluntarily gives testimony, they are not covered under this section of BSA.
Key Components
- Mandatory Answering: A witness must answer any relevant question, even though the answer could incriminate them.
- Safeguards for Compelled Witnesses (Proviso to Section 137 of BSA) : The proviso to Section 137 of BSA indicates essential safeguards for witnesses who are compelled to answer self-incriminating questions:-
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- They will not face arrest or prosecution based on their given answer or statements.
- These statements or answers cannot be used as evidence in criminal proceedings, with the exception of perjury charges for providing false testimony.
Exceptions
The safeguards provided by Section 137 of BSA has an exception that if a witness gives false evidence while answering ,they can be prosecuted for lying under oath i.e.perjury.
Examples
If a witness is asked a question that could disclose that they have committed a small crime, they must reply honestly. However, arrest or prosecution cannot be made based on that answer, unless they lie while answering.
Why is this Important?
This rule is important because it stabilizes the need for witnesses to give honest information with their right to avoid self-incrimination. It makes sure that witnesses can’t refuse to give information necessary for justice .
Section 137 of the Bharatiya Sakshya Adhiniyam,2023(BSA) is a remarkable provision that compels witnesses to give honest and truthful testimony, even when their responses may incriminate them. It plays an important role in the pursuit of justice and maintaining the credibility of legal proceedings.
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