What Is BSA Section 138?

Bhartiya Sakshya Adhiniyam, 2023 - Section 138: Accomplice

An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.

Brefe Detail

Section 138 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that an accomplice can testify against an accused individual. Additionally, a conviction based on corroborated testimony from an accomplice is considered legal and valid.

Question & Answers

Q1: What does Section 138 say about accomplices as witnesses?

A1: It states that an accomplice is a competent witness against an accused person.

Q2: Is a conviction based solely on an accomplice's testimony legal?

A2: Yes, a conviction is not illegal if it is based on corroborated testimony from an accomplice.

Q3: What is required for an accomplice's testimony to support a conviction?

A3: The testimony of an accomplice must be corroborated to support a conviction.

Example

1. Scenario 1: An accomplice in a theft case testifies against the main perpetrator. If their testimony is corroborated by other evidence, a conviction can be secured.

2. Scenario 2: In a drug trafficking case, an accomplice provides evidence against a co-accused. The court can consider this testimony valid if there is supporting evidence.

3. Scenario 3: A witness who was involved in a crime gives testimony in exchange for a plea deal. If their account is backed by other witnesses, the accused can be convicted based on that corroborated testimony.

Summary

Section 138 of the Bhartiya Sakshya Adhiniyam, 2023, affirms that accomplices are eligible to testify against accused individuals, and such testimony, when corroborated, can form the basis of a legal conviction.