Section 133 Of The Indian Evidence Act, 1872Is The Only
1764 WordsApr 6, 20178 Pages
Section 133 of the Indian Evidence Act, 1872 is the only absolute rule of law dealing with accomplice evidence. However it is the opinion of some that this section is redundant as Section 118 makes all persons competent to testify except those persons which the section specifically bars. Moreover there is no rule which requires that the evidence of an accomplice should be corroborated. But Section 133 might lead persons to suppose that the Legislature desired to encourage convictions on the uncorroborated evidence of an accomplice. This interpretation however cannot hold good in light of Section 114 (b) which lays down the presumption that an accomplice is unworthy of credit unless he is corroborated in material particulars. Thus owing…show more content…
The second section deals with the question of corroboration which undoubtedly is the most important aspect relating to accomplice evidence. This section explores the necessity for corroboration of an accomplice’s evidence and discusses the nature and extent of corroboration required. It also deals with the relevant case law and examines the important issue of appreciation of accomplice evidence from the point of view of corroboration. The final section performs a comparative analysis between English and Indian law relating to accomplice evidence and comes to the conclusion that the law in both countries is exactly the same.
To the lay man, accomplice evidence might seem untrustworthy as accomplices are usually always interested and infamous witnesses but their evidence is admitted owing to necessity as it is often impossible without having recourse to such evidence to bring the principal offenders to justice. Thus accomplice evidence might seem unreliable but it is often a very useful and even invaluable tool in crime detection, crime solving and delivering justice and consequently a very important part of the Law of Evidence. • Research Methodology
Aims and Objectives
The aim of this project is to perform a comprehensive study of Accomplice Evidence in light of the statutory provisions and case law. This project also aims at discussing the important issues relating to Accomplice Evidence like the meaning of accomplice and what it signifies,