Bharatiya Sakshya Adhiniyam, 2023 - Chapter X: Examination of Witnesses
Section 150 BSA 2023: When Witness Is to Be Compelled to Answer
Section 150 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the obligation of a witness to answer a question when the question concerns a matter relevant to the suit or proceeding. The provision must be read together with Section 137, which addresses answers that may expose the witness to criminal liability, a penalty, or forfeiture.
Text of Section 150
If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.
Meaning of Section 150
Section 150 applies where a question put to a witness concerns a matter that is relevant to the suit or proceeding. In that situation, the witness cannot avoid the answer merely because the answer may be self-incriminating or may expose the witness to a penalty or forfeiture. Section 150 therefore directs the reader to the protection contained in Section 137.
How Section 137 Protects the Witness
Section 137 provides that a witness is not excused from answering a question about a relevant matter only because the answer may directly or indirectly incriminate the witness or expose the witness to a penalty or forfeiture. At the same time, an answer that the witness is compelled to give is protected: it cannot ordinarily be used to arrest or prosecute the witness or be proved against the witness in a criminal proceeding, except in a prosecution for giving false evidence by that answer.
Connection with Cross-Examination
Section 150 appears in Chapter X of the BSA, which governs examination of witnesses. It follows Section 149 on questions lawful in cross-examination and is followed by Section 151 on the Court deciding when a question may be asked and when a witness may be compelled to answer. The sequence is important because the law distinguishes between questions relevant to the case and questions that may only affect the credit or character of the witness.
Practical Effect
- If the question concerns a matter relevant to the suit or proceeding, Section 150 brings Section 137 into operation.
- The witness cannot refuse solely because the truthful answer may incriminate the witness or expose the witness to a penalty or forfeiture.
- The compelled answer receives the statutory protection stated in Section 137, subject to the exception concerning prosecution for false evidence.
- Questions that are not relevant to the suit or proceeding may require consideration under Section 151 and the Court's control over such questioning.
Section 150 at a Glance
| Law | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|
| Act Number | 47 of 2023 |
| Provision | Section 150 - When witness to be compelled to answer |
| Effective from | 1 July 2024 |
| Linked provision | Section 137 - Witness not excused from answering on ground that answer will criminate |
| Subject | Relevant questions, compelled answers, and statutory protection of the witness |
Related BSA Provisions
For the surrounding scheme, see Section 148 - Cross-examination as to previous statements in writing, Section 149 - Questions lawful in cross-examination, Section 151 - Court to decide when question shall be asked and when witness compelled to answer, and Section 152 - Question not to be asked without reasonable grounds.
Official Sources
The official Act may be checked on the India Code page for the Bharatiya Sakshya Adhiniyam, 2023. The Central Government notification appointing 1 July 2024 as the commencement date is available from the Ministry of Home Affairs.
Historical reference: The broadly corresponding provision under the Indian Evidence Act, 1872 was Section 147, titled "When witness to be compelled to answer". For proceedings governed by the current evidence law, the Bharatiya Sakshya Adhiniyam, 2023 should be consulted together with its applicable savings and transitional provisions.