Section 137 of BSA : Section 137: Witness not excused from answering on ground that answer will criminate.

Explanation using Example

Example 1:

Scenario: A bank fraud case is being heard in court. Mr. Sharma, an employee of the bank, is called as a witness. During the cross-examination, he is asked whether he was aware of the fraudulent transactions happening in the bank.

Application of Section 137: Mr. Sharma cannot refuse to answer the question on the grounds that his answer might incriminate him or expose him to penalties. He must answer the question truthfully. However, the law protects him by ensuring that his answer cannot be used to arrest or prosecute him for the fraud itself, unless he gives false evidence.

Outcome: Mr. Sharma answers that he was aware of the fraudulent transactions. This information helps the court understand the extent of the fraud. Mr. Sharma is protected from prosecution for the fraud based on this testimony, but if he lies, he can be prosecuted for perjury.

Example 2:

Scenario: In a civil case regarding property disputes, Mrs. Gupta is called as a witness. She is asked if she had forged signatures on certain property documents.

Application of Section 137: Mrs. Gupta cannot refuse to answer the question by claiming that her answer might incriminate her or lead to penalties. She is legally required to answer the question. How...

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