Assertion (A) : Proviso to Section 132, Indian Evidence Act, 1872 is a facet of rule against self-incrimination. Reason ( R ) : Policy of Section 132, Indian Evidence Act is to procure evidence for doing justice. Choose the correct answer from the code given below :

Correct option is A

The Proviso to Section 132 of the Indian Evidence Act, 1872 protects a witness from being self-incriminated. It states that although a witness cannot refuse to answer questions on the grounds that the answers may incriminate them, the witness is protected in that any answer given which is self-incriminating cannot be used against them in a subsequent criminal proceeding, except in cases of perjury.
This provision reflects the rule against self-incrimination, which is a fundamental right under Article 20(3) of the Indian Constitution. It ensures that a person cannot be compelled to give testimony that might incriminate them in future criminal proceedings, except for certain situations like perjury (giving false testimony).
Reason (R):
Section 132 has a policy aimed at procuring evidence for the purpose of doing justice. The section compels witnesses to testify even if the answers might incriminate them, but protects them by disallowing the use of self-incriminating answers in future criminal proceedings. This approach ensures that all relevant evidence is made available to the court, helping in the dispensation of justice while safeguarding the rights of the witness.
Since the primary objective of Section 132 is to ensure that justice is served by compelling witnesses to testify while offering them protection from self-incrimination, Reason (R) correctly explains the underlying rationale behind Assertion (A).
Information Booster:
Section 132 of the Indian Evidence Act:
1. Compellability of Witnesses: Section 132 establishes that a witness cannot refuse to answer questions in court even if the answers could incriminate them.
2. Proviso (Self-incrimination Protection): However, the proviso to Section 132 ensures that no answer given by the witness that is self-incriminatory shall subject them to prosecution, unless the witness is being prosecuted for perjury.
Additional Knowledge:
Article 20(3) of the Indian Constitution:
This article provides protection against self-incrimination. It states that no person accused of any offence shall be compelled to be a witness against themselves, which forms the basis of the rule against self-incrimination in India.