Section 138 BSA: Accomplice

Bharatiya Sakshya Adhiniyam, 2023

Section 138 BSA at a Glance

Section 138 BSA deals with accomplice. It replaced Section 133 IEA on 1 July 2024.

Was IEA

Section 133 →

Section 138 BSA Bare Act Text

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.

Source: Section 138, Bharatiya Sakshya Adhiniyam, 2023

Section 138 BSA in Simple Words

Section 138 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, lets an accomplice (a co-participant in the wrongdoing) give evidence against an accused person. It also states when a conviction based on the testimony of an accomplice is valid.

Under the Adhiniyam, an accomplice is a competent witness (a person allowed by law to testify) to give evidence against an accused person. Taking part in the same act does not disqualify the accomplice from testifying in court.

The Adhiniyam also addresses corroborated (supported by other evidence) testimony from an accomplice. A conviction is not unlawful if the conviction rests on corroborated testimony given by an accomplice.

When Section 138 BSA Applies

  • Applies when an accomplice gives evidence in court as a witness against an accused person.
  • Applies when a conviction against the accused person rests on corroborated testimony given by an accomplice.

Example of Section 138 BSA

In August 2024, a robbery trial in Lucknow examines a jewellery shop break-in where Anita is the accused person. Ramesh, who acted as an accomplice in the break-in, testifies in court against Anita. Independent shop records and recovery evidence corroborate the testimony given by Ramesh. Under Section 138 BSA, Ramesh is a competent witness, and the conviction of Anita for the jewellery shop break-in is not illegal because the finding proceeds upon that corroborated testimony.

Section 138 BSA in the IEA (Previous Law)

Section 138 BSA replaces Section 133 IEA from the old criminal code.

Section 133 of the Indian Evidence Act, 1872 became Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The accomplice rule was reworded. The IEA said a conviction is "not illegal merely because it proceeds upon the uncorroborated testimony" of an accomplice. The BSA says it is "not illegal if it proceeds upon the corroborated testimony" of an accomplice. Section 119 keeps the illustration that an accomplice "is unworthy of credit, unless he is corroborated in material particulars".

FAQs on Section 138 BSA

What is Section 138 BSA?▼

Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 states that an accomplice is a competent witness to testify against an accused person. It also states that a conviction is not unlawful if the conviction rests on corroborated testimony given by an accomplice.

Can an accomplice testify against an accused person under Section 138 BSA?▼

Yes. Section 138 BSA makes an accomplice a competent witness to give evidence against an accused person in court.

Is a conviction valid under Section 138 BSA when the testimony of an accomplice is corroborated?▼

Yes. Section 138 BSA states that a conviction is not unlawful if the conviction rests on corroborated testimony given by an accomplice.

What is Section 138 BSA in IEA?▼

Section 133 IEA. Before 1 July 2024, Section 133 IEA stated that a conviction was not unlawful solely because it rested on uncorroborated testimony from an accomplice, whereas Section 138 BSA states that a conviction is not unlawful if it rests on corroborated testimony from an accomplice.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·