Question
An accomplice in a crime gives evidence in the trial of
the principal accused. The accomplice's testimony is both incriminatory (against the accused) and exculpatory (absolving himself). Under which section of the Bharatiya Sakshya Adhiniyam does the Court require that an accomplice's evidence be corroborated by other credible evidence in material particulars before relying on it for conviction?Solution
Section 135 (corresponding to Rule ill of the Baskerville rule in English jurisprudence) requires that an accomplice's evidence, though admissible, must be treated with caution and corroboration is necessary. While not explicitly stated in a single section, Section 135 and Section 139 (which deals with number of witnesses) together establish that accomplice evidence requires corroboration. The established rule, following R v. Baskerville (1916), is that accomplice evidence must be corroborated in material particulars, and Section 135 is the BSA provision addressing witness credibility specifically for accomplices.
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