What should a court do if the witness refuses to answer the question put to him in course of proceedings?

In criminal case(s) if the witness refuses to answer the question put to him in course of proceedings; the court may, if it is of the view that there is no sufficient excuse for such refusal, adjourn the case for a period not exceeding eight days, and may commit such witness to prison unless he sooner consents to do what is required of him. See section 119(1) of Criminal Procedure Act. As far as refusal to answer question put to the witness in civil proceedings is concerned, Order XVIII of the Civil Procedure Act that governs examination of witnesses is silent. It would appear, however that, the court may make such order in relation to suit as it thinks fit. Section 158(3) of the Evidence Act, 1967 empowers the court to draw from the witness’s refusal to answer the question, the inference that the answer, if given would be unfavourable.

NB: In criminal cases the court will adjourn the case for a period not exceeding 8 days and in meantime commit the witness to prison. In civil matters, the court may pronounce judgment against such witness or make such order in relation to the suit as it deems fit as per section 199(1) of the Criminal Procedure Act and Order XVI, Rule 20 of Civil Procedure Act respectively.