WITNESS NOT EXCUSED FROM ANSWERING INCRIMINATING QUESTIONS

Section 132 of the Indian act has incorporated the provision of not excusing witnesses from answering any questions relevant to the matter in issue in any civil or criminal proceeding which incriminates, or is likely to incriminate, or subject him to penalty or forfeiture. As per the provisions of this section it clearly demonstrates that the answering of questions relevant to the matter in issue is not at the option of the witness to decide but it his duty to answer every question being put forward with truthfulness to the best of his knowledge.

However, if we look into the proviso of this section it mentions that “no such answer, which the witness shall be compelled to give, shall subject him to any arrest, prosecution , or to be proved against him in any criminal proceeding except a prosecution for giving false evidence by such answer.

The proviso of this section sanctions a protection to the witness from any arrest, prosecution proved against him in any criminal proceeding. But a clear demarcation needs to be drawn in this regard as the proviso only mentions about the witness who is compelled to answer. Now, the immediate question which pops into our mind is “What does compulsion refer to “? There have been divergence with respect to the meaning of compulsion but in a nutshell it could be said as question which the witness is bound to answer where in non adherence to the same the witness is put to an adverse presumption. The proviso is also successful at explaining where in case of contravention as to stating truthful answers the witness shall be liable to punishment for giving false evidence (perjury) under section 193 of the Indian Penal Code.

So the crux of the matter converges to the conclusion that when a witness willfully or voluntarily answers the question he shall not be shielded with the protection entrusted in the proviso however, when the witness is compelled to answer questions he shall be entitled to reap the benefits as entrusted to him under the proviso of this section.

A small write up from my end to help you understand this section better.

Maitreyi