Section 150 Bharatiya Sakshya Adhiniyam, 2023: When witness to be compelled to answer

Section 150 of Bharatiya Sakshya Adhiniyam, 2023: When witness to be compelled to answer

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 150

Section 150 provides that if any question put in cross-examination relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto, compelling the witness to answer despite crimination.

Compulsion on Relevant Issues: When the question relates to the substantive facts in issue, the witness has no right to remain silent.
Statutory Protection Link: Links directly to Section 137 BSA: compelled answers cannot be used to prosecute the witness in subsequent criminal trials.
Elimination of Evasion: Prevents key witnesses from stonewalling cross-examination on central transaction facts.

Key Landmark Precedents:

Laxmipat Choraria v. State of Maharashtra (AIR 1968 SC 938): The Supreme Court affirmed that under Section 147 IEA (Section 150 BSA), witnesses are compelled to answer relevant questions, balanced by the immunity protection of Section 132.
Ritesh Sinha v. State of U.P. (2019) 8 SCC 1: Reiterated that compulsory testimony on relevant facts is essential for the administration of criminal and civil justice.

Courtroom Practice & Strategic Litigation Guidance:

If a witness refuses to answer a direct question regarding contract execution or money transfer, invoke Section 150 BSA: request the judge to direct the witness to answer, noting that refusal to answer constitutes contempt.