Accomplice in Evidence Act
🧑⚖️ Definition and Competency
Section 133 of the Indian Evidence Act states:
"An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice."
This provision establishes that an accomplice can serve as a witness against an accused individual. However, the law also implies that such testimony should be approached with caution due to the accomplice's vested interest in the outcome of the case.
⚖️ Judicial Interpretations and Case Law
Indian courts have consistently emphasized the need for caution when considering the testimony of an accomplice:
R v. Baskerville (1916): This English case, though not Indian, has been influential in Indian jurisprudence. It established that an accomplice's testimony should be corroborated by independent evidence to ensure its reliability.
State of Maharashtra v. Suresh (2000): The Supreme Court of India held that while an accomplice's testimony is admissible, it should not be the sole basis for conviction unless corroborated by independent evidence.
Haroon Haji v. State of Maharashtra (1968): The Supreme Court observed that the testimony of an accomplice need not be judged by independent evidence in every detail, but there must be some evidence, direct or circumstantial, connecting the co-accused with the crime independently of the accomplice.
🧾 Corroboration Requirement
While Section 133 allows for the conviction based solely on an accomplice's testimony, Section 114(b) of the Indian Evidence Act provides a presumption that an accomplice is unworthy of credit unless corroborated. This means that courts generally require additional evidence to support the accomplice's testimony before convicting an accused person.
🕵️♂️ Role of an Accomplice
An accomplice may be granted a pardon under Section 306 of the Criminal Procedure Code, transforming from a co-accused to a prosecution witness. In such cases, the accomplice's testimony becomes crucial in establishing the guilt of other accused individuals.
📌 Conclusion
In summary, while an accomplice is legally competent to testify against an accused person under Section 133 of the Indian Evidence Act, such testimony is treated with caution. Courts typically require corroboration to ensure the reliability of the accomplice's statements before basing a conviction on them. This approach balances the legal provisions with the need for fair and just proceedings.
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