​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
When a Witness Is to Be Compelled to Answer (Section 150)

Case Scenario
In a criminal trial, a witness is cross-examined on a question directly connected with the facts in issue. The witness refuses to answer on the ground that the reply may incriminate him. The court must decide whether the witness can claim protection or whether he is legally bound to answer.
This situation is governed by Section 150 of the Bharatiya Sakshya Adhiniyam, 2023.

Purpose of Section 150
Section 150 explains when a witness must be compelled to answer a question. It applies where:

• The question relates to a matter relevant to the suit or proceeding, and
• The witness attempts to avoid answering, often on the ground of self-incrimination

The provision prioritizes disclosure of relevant facts over personal inconvenience to the witness.

Section 150 – Statutory Rule 
Section 150 provides that:

• If a question relates to a matter relevant to the suit or proceeding,
• Then the provisions of Section 137 shall apply.

Effect of Applying Section 137

• A witness cannot refuse to answer a relevant question
• Merely because the answer:
  • May incriminate him, or
  • May expose him to a penalty or forfeiture

Thus, relevance triggers compulsion to answer.

Meaning of the Word “Such” in Section 150
The word “such” refers to:

• Questions mentioned in the preceding section, especially those relating to character

Therefore:

• If a question about a witness’s character is directly relevant to the case,
• The witness must answer, even if it is incriminating.

Scope of Section 150

• Applies only to relevant questions
• Covers:
  • Facts in issue
  • Relevant facts, including character when directly in issue
• Overrides the general privilege against self-incrimination for witnesses

Distinction Between Section 150 and Section 151
Section 150 vs Section 151

• Nature of Question
  • Section 150: Question relates to a relevant fact or fact in issue
  • Section 151: Question relates to a matter not relevant, affecting only credibility
• Witness Obligation
  • Section 150: Witness must answer
  • Section 151: Witness may or may not answer, depending on court’s discretion
• Self-Incrimination
  • Section 150: No excuse to refuse answering
  • Section 151: Witness may be warned that he is not obliged to answer
• Judicial Discretion
  • Section 150: Limited—relevance compels answer
  • Section 151: Wide—court decides propriety and compulsion
• Purpose
  • Section 150: Truth-finding on material facts
  • Section 151: Protection of witness from unnecessary character attacks

Illustrative Examples

1. Witness questioned on fact forming basis of suit – must answer
2. Witness asked about criminal act directly in issue – must answer
3. Witness refuses citing self-incrimination – refusal rejected
4. Character directly relevant – compulsion applies
5. Question affects only credibility – Section 151 applies instead

Rationale Behind Section 150

• Courts must ascertain truth of relevant facts
• Allowing refusal would:
  • Obstruct justice
  • Conceal material evidence

The law balances this by:

• Allowing compulsion only when relevance is clear

Critical AnalysisStrengths

1. Ensures disclosure of material facts
2. Prevents witnesses from shielding truth
3. Strengthens adjudicatory process
4. Clarifies limits of witness privilege
5. Enhances efficiency of trials

Limitations

1. May cause hardship to witnesses
2. Requires careful determination of relevance
3. Depends on judicial vigilance

10 Illustrative Case Scenarios

1. Relevant fact compels answer
2. Character in issue – answer mandatory
3. Witness fears prosecution – still compelled
4. Court enforces Section 137
5. Self-incrimination defence rejected
6. Truth uncovered
7. Section 151 not applicable
8. Witness warned incorrectly – corrected
9. Fair trial maintained
10. Justice achieved

Conclusion
​Section 150 of the Bharatiya Sakshya Adhiniyam, 2023 lays down a clear and strict rule: when a question relates to a matter relevant to the suit or proceeding, the witness must answer it, even if the answer is self-incriminating.
By contrast, Section 151 applies where questions affect only the credibility of the witness, leaving discretion with the court. Together, these sections strike a careful balance between truth-seeking and witness protection, reinforcing the court’s central role in ensuring a fair and effective trial.