Witness not excused from answering on ground that answer will criminate
AI Assist
Summary
A witness in any civil or criminal proceeding cannot refuse to answer a question just because the answer may incriminate them or expose them to a penalty. The witness must answer any question relevant to the matter in issue. Any compelled answer cannot be used to arrest or prosecute the witness in a criminal case, except for prosecuting them for giving false evidence.
Example
Priya is called as a witness in a theft trial and is asked whether she helped hide the stolen goods. She refuses, saying the answer will incriminate her. Under this rule she must answer, but that answer cannot be used to arrest or prosecute her in a criminal case, except if she is later charged for giving false evidence.
Bare Act
Enacted textA 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 lend 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.
Previous year papers
Pick your exam. we'll email the most recent paper.