Which of the following Sections of the Bharatiya Sakshya Adhiniyam, 2023 makes an accomplice a…
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 133 of the Indian Evidence Act, 1872) makes an accomplice competent to testify against an accused…
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Which of the following Sections of the Bharatiya Sakshya Adhiniyam, 2023 makes an accomplice a competent witness against accused?
Answer and explanation
Correct answer D
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 133 of the Indian Evidence Act, 1872) makes an accomplice competent to testify against an accused person. Its second limb says that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, replacing the former statement that a conviction was not illegal merely because it proceeded upon uncorroborated accomplice testimony. Illustration (b) to section 119 still allows the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars. Competence to testify must not be confused with how safely the evidence proves guilt. Sections 135, 136 and 137 deal respectively with production of title-deeds of a witness who is not a party, production of documents which another person could refuse to produce, and a witness not being excused from answering on the ground that the answer may criminate him.
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