Regarding the testimony of an accomplice under Section

Solution

The MOST significant change in Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 is the modification of the word from "uncorroborated " in Section 133 of the Indian Evidence Act, 1872 to "corroborated " in the new provision. The old Section 133 stated: "a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice." The new Section 138 states: "a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice." This change, combined with the retention of Illustration (b) to Section 119 (which states that accomplices are unworthy of credit unless corroborated), has transformed the corroboration requirement from a "rule of prudence " to a "rule of law ." This means that mandatory corroboration is now a legal requirement, not merely a cautionary guideline. The change was made after the Parliamentary Standing Committee noted a contradiction between the provisions and recommended modifications to ensure clarity.