Witness not excused from answering on ground that answer will criminate.
What this section does
A witness cannot refuse to answer a question relevant to the matter in issue on the ground that the answer may incriminate him or expose him to a penalty or forfeiture. However, any answer so compelled cannot be used against the witness in any criminal proceeding, except a prosecution for giving false evidence by that very answer.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Witnesses must answer incriminating questions but are granted immunity — compelled answers cannot be used against them in criminal proceedings except for perjury.
When it applies
- A witness in a civil fraud suit must answer questions about his own role even if the answers reveal his criminal liability, but those answers cannot later be used to prosecute him.
- If a witness gives a false answer under compulsion, that false answer can be used against him in a perjury prosecution.
Derived from IEA s.132.
Read the official text
For the binding statutory text of BSA Section 137, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 137 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.