§ SECTION 137 · BSA 2023 · CHAPTER IX — OF WITNESSES

Witness not excused from answering on ground that answer will criminate

Answer now, protected later. A witness cannot refuse to answer a relevant question merely because the answer might incriminate him or expose him to a penalty — but the compelled answer earns use immunity: it cannot be used to arrest or prosecute him, save for a prosecution for giving false evidence.

How to read Section 137

A witness must answer a relevant question even if the answer would incriminate him — and in return, that compelled answer cannot be used against him, except if he lies.

Must answer

A witness is not excused from answering a question relevant to the matter in issue — even if the answer would criminate him or expose him to a penalty or forfeiture.

The trade-off

In return, a compelled answer earns use immunity.

Immunity & its limit

The answer cannot subject him to arrest or prosecution, nor be proved against him — except a prosecution for giving false evidence by that answer.

The bare Act

The section in its own words — the compulsion, and a protective proviso.

Section 137 · verbatim

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, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:

Proviso.—Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.

In short: the search for truth comes first — a witness may not stay silent on a relevant question just because a truthful answer would incriminate him, tend to incriminate him directly or indirectly, or expose him to a penalty or forfeiture. But the law does not make him hang himself by his own compelled words. The proviso gives a matching use immunity: an answer he was compelled to give shall not subject him to any arrest or prosecution, and shall not be proved against him in any criminal proceeding. There is one carve-out — if he lies, the answer can be used to prosecute him for giving false evidence. So the bargain is simple: tell the truth, and your words cannot be turned against you; the only way to lose the shield is to abuse it by lying.

→ This carries forward IEA 1872 § 132 — compulsion to answer, matched by use immunity for the compelled answer.

Glossary

not excused from answering

Cannot refuse to answer a relevant question.

relevant to the matter in issue

Bearing on the questions the court has to decide.

criminate… directly or indirectly

The answer could expose him to a criminal charge — whether at once or by a chain of inference.

penalty or forfeiture

A civil penalty or a loss of property or rights.

compelled to give

The answer he is forced by law to give under this section.

use immunity (the proviso)

That compelled answer cannot be used to arrest, prosecute or convict him — except for giving false evidence.

The picture

The witness must answer — and the law hands back a shield over that compelled answer, lifted only if he lies.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

Must answerUse immunity

must answerSelf-incrimination is no excuse for silence on a relevant question

In one lineA witness is not excused from answering a relevant question just because the answer would criminate him — directly or indirectly — or expose him to a penalty or forfeiture.

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,no excuse from a relevant question…on any matter relevant to the issue, in a civil or criminal proceeding, the witness must answer…

upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:→ even though it would criminate or penalise him…and he cannot decline on the ground that the answer would incriminate him or expose him to a penalty or forfeiture.

ExampleAsked a question relevant to the case whose honest answer would reveal his own involvement in an offence, the witness cannot stay silent — he is bound to answer.

✗ Not thisThis compels answers only to relevant questions. It is not a licence to ask a witness anything — irrelevant or improper questions are governed by other rules.

use immunityThe compelled answer cannot be turned against him — unless he lies

In one lineA compelled answer cannot subject him to arrest or prosecution, nor be proved against him in a criminal case — except a prosecution for giving false evidence by that answer.

Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.use immunity, with a false-evidence carve-outthe compelled answer is protected from being used against him — save where he is prosecuted for lying in giving it.

ExampleA witness is compelled to admit a fact that reveals his own wrongdoing. That admission cannot be used to arrest or prosecute him for that wrong. But if the admission was a lie, he may be prosecuted for false evidence.

✗ Not thisThe immunity attaches to the compelled answer, and shields against using that answer. It does not wipe out the underlying offence if it is proved by other, independent evidence.

Connected provisions

§ 136 · back

IEA 1872, § 132

Carried forward — compulsion to answer, matched by use immunity for the compelled answer.

BSA 2023 § 137 — Witness not excused from answering on ground that answer will criminate