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BSA 2023ACTIVE FRAMEWORKChapter X
Section 131
Witness Not Excused from Answering on Ground That Answer Will Criminate
Of the Examination of Witnesses
Quick Legal SummaryIEA IEA S.132
Statutory Snapshot
THE STATUTE
Original Text
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:
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.
Legal Commentary
BSA Section 131 is textually identical to IEA Section 132. The compellability + use-immunity framework is preserved unchanged. All case law — including M.P. Sharma on Article 20(3) — applies under BSA Section 131.
Legislative Intent & Background
Preserved from IEA Section 132.Critical Provisions & Changes
BSA Section 131 is textually identical to IEA Section 132.
Renumbered from S.132 to S.131.
Landmark Judicial Precedents
M.P. Sharma v. Satish Chandra (1954)
Article 20(3) vs Section 132 framework — applies under BSA Section 131.
Practical Scenarios & Illustrations
Same as IEA Section 132 examples.
Questions & Answers
No — BSA Section 131 is identical to IEA Section 132. Witnesses still must answer self-incriminating questions; answers still protected by use-immunity.
BSA Section 131 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 (Witness Not Excused from Answering on Ground That Answer Will Criminate) directly governs how courts evaluate and admit evidence in civil and criminal proceedings. BSA Section 131 is textually identical to IEA Section 132. The compellability + use-immunity framework is preserved unchanged. All case law — including M.P. Sharma on Article 20(3) — applies under BSA Section 131. Advocates must ensure that evidence sought to be relied upon satisfies the conditions prescribed by this provision, failing which it may be excluded or accorded lesser weight by the court.