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Report No. 185 Section 132 We are of the view that sec 132 be revised as follows: "132. Witness or accused not excused from answering on ground that answer will criminate.- (1) 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 the spouse of the witness or that it will expose, or tend directly or indirectly to expose, such witness or spouse to a penalty or forfeiture of any kind. (2) An accused person who offers himself as a witness under section 315 of the Code of Criminal Procedure, 1973, shall not be excused from answering any question as to any matter relevant to the matter in issue in the prosecution, on the ground that the answer to such question will criminate or may tend directly or indirectly to criminate the accused or the spouse of the accused; or that it will expose, or tend directly or indirectly to expose, the accused or the spouse to a penalty or forfeiture of any kind. (3) Where any witness or accused is bound or feels bound to answer a question, under the provisions of this section whether he has objected to it or not, no such answer which- (a) the witness gives to that question shall subject the witness or the spouse of the witness, as the case may be, to arrest or prosecution or be proved against them (b) the accused gives to that question shall, save as otherwise provided in sub-section (2), subject the accused or the spouse of the accused , as the case may be, to arrest or prosecution or be proved against them in any criminal proceeding, Provided that nothing contained in this sub-section shall apply to any answer which may amount to giving of false evidence."    |
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