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

Summary

A witness cannot refuse to answer a question that is relevant to a case, whether civil or criminal, just because the answer might incriminate them or expose them to a penalty or forfeiture. However, if a witness is forced to give such an answer, that answer cannot be used to arrest or prosecute them, or be used as evidence against them in any criminal case, except if they are being prosecuted for lying in that 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 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.

Old <-> New Code Mapping

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