Assertion (A): Proviso to Section 132, Evidence Act is a facet of rule "against self-incrimination".
Reason (R): Policy of Section 132, Evidence Act is to procure evidence for doing justice.
Of the above:

Correct option is A

Section 132 of the Indian Evidence Act, 1872, is a provision that deals with the compellability of witnesses to testify, even if the testimony may expose them to criminal charges. The section's proviso, however, offers protection to witnesses by ensuring that any statements made by them under compulsion cannot be used against them in any criminal proceeding, except for prosecutions for giving false evidence (perjury).
The Assertion (A) that the proviso to Section 132 is a facet of the rule against self-incrimination is accurate. The rule against self-incrimination is a fundamental principle that protects individuals from being forced to testify against themselves in a way that could lead to their criminal prosecution. The proviso to Section 132 is aligned with this principle, as it safeguards witnesses from having their compelled testimony used against them later in criminal cases.
The Reason (R) provided is also true. The overarching policy of Section 132 is to procure necessary evidence to achieve justice, which is why the law compels witnesses to testify. However, recognizing the potential harm to the witness, the law also includes protective measures through the proviso, thereby balancing the need for evidence with the protection of individual rights.
Information Booster The protection against self-incrimination is enshrined in Article 20(3) of the Indian Constitution, which states that "no person accused of any offence shall be compelled to be a witness against himself." Section 132 of the Evidence Act complements this constitutional protection by compelling testimony but simultaneously protecting witnesses from the adverse consequences of their compelled testimony. The proviso to Section 132 ensures that while witnesses must testify, they are not penalized for the content of their testimony, except in cases of perjury. This is a crucial aspect of the legal system that encourages witnesses to speak truthfully without fear of self-incrimination.
Additional Knowledge
· Proviso to Section 132: The proviso to Section 132 ensures that any statement made by a witness, who is compelled to testify, cannot be used against them in any criminal proceeding. This protection is crucial for maintaining the balance between the need for evidence and the protection of individual rights. Without this proviso, witnesses might refuse to testify, fearing prosecution based on their testimony.
· Section 132 of the Evidence Act: The main section makes it obligatory for witnesses to answer questions, even if those answers could expose them to criminal liability. The objective here is to gather all necessary evidence to uncover the truth and administer justice. The law recognizes that without such compulsion, critical evidence might not be presented, hindering the justice process.
· Rule against Self-Incrimination: This rule is a key element of criminal jurisprudence and human rights law. It is designed to prevent the state from compelling individuals to provide testimony that could lead to their prosecution. This rule is rooted in the principle that it is better to let the guilty go free than to force individuals to incriminate themselves, thereby preserving personal liberty and preventing state overreach.