§ SECTION 150 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

When witness to be compelled to answer

The bridge to § 137. If a cross-examination question of the kinds in § 149 relates to a matter relevant to the case, then section 137 applies — the witness must answer, even if it incriminates him, and the answer carries use immunity.

How to read Section 150

Where a cross-examination question touches a relevant matter, the witness is compelled to answer under § 137 — and that answer is protected by use immunity.

The trigger

The question is one of the § 149 kinds and it relates to a relevant matter in the suit or proceeding.

The effect

Section 137 applies — the witness is compelled to answer.

The protection

And, under § 137, the compelled answer carries use immunity — no arrest or prosecution on it (except for false evidence).

The bare Act

The section in its own words — a single, connecting rule.

Section 150 · verbatim

If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.

In short: § 149 lets a cross-examiner ask questions that go to a witness’s veracity, position in life or credit — even if the answer would incriminate him. This section decides what happens when such a question is put and the witness would rather not answer. The dividing line is relevance. If the question relates to a matter relevant to the suit or proceeding — that is, it bears on a fact in issue, not merely on the witness’s credit — then the machinery of § 137 applies: the witness must answer, he cannot decline on the ground of self-incrimination, and in return the compelled answer earns use immunity (it cannot be used to arrest, prosecute or convict him — save for a prosecution for giving false evidence). The contrast is with a question that goes only to credit and is collateral: whether the witness must answer that is left to the court’s discretion under the next section (§ 151).

→ This carries forward IEA 1872 § 147 — a relevant cross-examination question is governed by § 137.

Glossary

any such question

A question of the kind allowed in cross-examination under § 149.

relevant to the suit or proceeding

Bearing on a matter in issue — not merely on credit.

the provisions of section 137

A witness must answer a relevant question even if it criminates him, with use immunity.

shall apply

§ 137 governs — the witness is compelled, and protected.

compelled to answer

Cannot refuse on the ground of self-incrimination.

use immunity (via § 137)

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

The picture

Relevant question → § 137 kicks in: the witness must answer, and the answer is shielded.

The section, part by part

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

Relevant → § 137What § 137 brings

relevant → § 137A relevant cross-examination question is compelled

In one lineIf a § 149 question relates to a relevant matter in the case, § 137 applies — the witness must answer it.

If any such question relates to a matter relevant to the suit or proceeding,if it bears on a relevant matter…the question must touch a fact in issue, not merely the witness’s credit.

the provisions of section 137 shall apply thereto.→ § 137 governs itthe compel-and-immunity machinery of § 137 applies to that question.

ExampleA question that both attacks the witness’s credit and bears on a fact in issue — say his involvement in the very transaction — is relevant; under § 150 he is compelled to answer it, with § 137’s protection.

✗ Not this§ 150 is not about questions that go only to credit. Those collateral questions are governed by the court’s discretion in § 151 — not automatically compelled.

what § 137 bringsMust answer — and the answer is shielded

In one line§ 137 means the witness cannot refuse on the ground of self-incrimination, and the compelled answer carries use immunity — except a prosecution for false evidence.

If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.§ 137’s compel-and-immunity, applied herea relevant cross-examination question is answered under § 137 — compulsion matched by use immunity.

ExampleForced to admit a fact relevant to the case whose truth exposes his own wrongdoing, the witness must answer — but that admission cannot be used to prosecute him, unless it was itself a lie.

✗ Not thisThe protection is the same § 137 use immunity — against using the answer. It does not erase an offence proved by independent evidence, and it is lost if the witness lies.

Connected provisions

§ 149 · back

IEA 1872, § 147

Carried forward — a relevant cross-examination question is governed by § 137.

BSA 2023 § 150 — When witness to be compelled to answer