BSA Section 137 — Witness not excused from answering on ground that answer will criminate

Summary

A witness cannot refuse to answer a question simply because the answer might show that they committed a crime, or might lead, directly or indirectly, to evidence of a crime. The same applies if the answer might expose the witness to a penalty or to the forfeiture of any kind of property. This rule applies to any question that is relevant to the matter in issue in a suit, or in any civil or criminal proceeding.

However, there is a protection for the witness. If the witness is compelled to give such an answer, that answer cannot be used to arrest or prosecute the witness, and it cannot be used as evidence against the witness in any criminal proceeding. The only exception is if the witness is being prosecuted for giving false evidence by that very answer.

Official 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 forgiving false evidence by such answer.

Referred to by

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

Old <-> New Code Mapping

• IEA §132 — Witness not excused from answering on ground that answer will criminate