Section 147 Evidence Act: When Witness Must Answer - Section 150 BSA
Section 147 of the Indian Evidence Act, 1872 addressed when a witness could be compelled to answer a relevant question. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 150, read with Section 137.
Text of Section 147 of the Indian Evidence Act, 1872
If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 132 shall apply thereto.
This provision referred to Section 132, which addressed a witness's obligation to answer relevant questions even where an answer might be self-incriminating, subject to statutory protection for compelled answers.
Section 150 of the Bharatiya Sakshya Adhiniyam, 2023
If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.
Section 150 preserves the central rule while updating the cross-reference from former Section 132 to BSA Section 137. It operates in the context of cross-examination and relevant questions.
Meaning of Section 137 BSA: Duty to answer and protection
Section 137 provides that a witness cannot refuse to answer a question about a relevant matter merely because the answer may directly or indirectly incriminate the witness or expose the witness to a penalty or forfeiture.
Its proviso protects a witness against arrest or prosecution based on a compelled answer, and against that answer being proved against the witness in a criminal proceeding, except in a prosecution for giving false evidence by that answer. This is a protection for compelled testimony, not permission to give false evidence.
How the rule works in court
- Relevance comes first: The question must concern a matter relevant to the suit or proceeding.
- Answering may be compulsory: A witness cannot avoid an otherwise proper relevant question solely because it may be incriminating.
- Compelled answers receive protection: Section 137 sets out the limited statutory immunity described above.
- Judicial control remains: Questions aimed merely at attacking character and not otherwise relevant are subject to the court's discretion under Section 151 BSA and other safeguards.
Illustrative example
In a civil dispute over a payment, a witness is asked whether the witness knowingly entered an inaccurate transaction in the relevant records. If the question is relevant and otherwise permissible, the witness cannot decline solely because an honest answer could expose the witness to criminal liability. The statutory protection for an answer compelled under Section 137 must then be considered. Whether a particular question is admissible or compulsory remains for the court to determine.
Old and current statutory references
| Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|
| Section 147 - When witness to be compelled to answer | Section 150 - When witness to be compelled to answer |
| Section 132 - Witness not excused from answering on ground of self-incrimination | Section 137 - Witness not excused from answering on ground that answer will criminate |
| Section 146 - Questions lawful in cross-examination | Section 149 - Questions lawful in cross-examination |
| Section 148 - Court's control over certain questions | Section 151 - Court's control over certain questions |
Frequently asked questions
Can a witness refuse to answer because the answer may be incriminating?
Not on that ground alone where the question concerns a relevant matter and Section 137 applies. The statutory protection for compelled answers is important.
Does Section 150 allow every question in cross-examination?
No. Relevance, admissibility, other statutory protections and the court's power to regulate questioning continue to apply.
What replaced Section 147 of the Evidence Act?
Section 150 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision, and it refers to Section 137 BSA.
Official legal source
Read the Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF, particularly Sections 137, 149, 150, 151 and 170. For the historical provision, consult the India Code legislation portal.
This article provides general legal information. Application to an individual proceeding depends on its facts, procedural stage and governing law.