Sections 133, 134 and 135 of the Indian Evidence Act, 1872: Accomplice, Number of Witnesses and Examination

Sections 133, 134 and 135 deal with three connected aspects of witness evidence: the competency and evidentiary position of an accomplice, whether a particular number of witnesses is required to prove a fact, and the order in which witnesses are produced and examined.

Applicable-law note: This article explains the legal position under the Indian Evidence Act, 1872 immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. It is intended for matters in which the earlier Evidence Act remains relevant according to the applicable law and transitional provisions.

Section 133 - Accomplice

Statutory rule: An accomplice is a competent witness against an accused person, and a conviction is not illegal merely because it proceeds on the uncorroborated testimony of an accomplice.

What is an accomplice?

In evidence law, an accomplice is generally a person who has participated in, assisted in, or been concerned with the commission of the offence in question and is therefore connected with the criminal conduct about which evidence is given.

Section 133 establishes competency: participation in the offence does not by itself make the accomplice legally incompetent to testify against an accused. The section also provides that a conviction does not become illegal merely because the accomplice evidence is uncorroborated.

Corroboration and the rule of prudence

Section 133 must be read with the evidentiary rule concerning the credit of an accomplice under Section 114 of the Indian Evidence Act. Although Section 133 does not impose an absolute legal requirement of corroboration, courts traditionally approach accomplice testimony with caution and ordinarily look for reliable corroboration in material particulars connecting the accused with the offence.

Key point: Section 133 concerns legal competency and legality of conviction. The caution regarding corroboration operates as a rule of judicial prudence when assessing the reliability of accomplice evidence.

Section 134 - Number of Witnesses

Statutory rule: No particular number of witnesses is required in any case for the proof of any fact.

Section 134 makes the quality and credibility of evidence more important than a numerical count of witnesses. A fact is not required to be proved by two, three, or any other fixed number of witnesses merely because it is disputed.

Accordingly, a court may act on the testimony of a single witness when that evidence is found reliable and sufficient in the circumstances. Conversely, calling several witnesses does not by itself establish a fact if their evidence is unreliable or insufficient.

Section 135 - Order of Production and Examination of Witnesses

Statutory rule: The order in which witnesses are produced and examined is regulated by the law and practice for the time being relating to civil and criminal procedure respectively. Where no such law applies, the order is governed by the discretion of the Court.

Section 135 links the law of evidence with procedural law. In a civil proceeding, the applicable civil procedure and practice regulate the sequence in which witnesses are called and examined. In a criminal proceeding, the corresponding criminal procedure and practice apply.

If no applicable procedural rule governs a particular situation, the Court may exercise its discretion to regulate the order of production and examination. That discretion enables the Court to manage the evidence fairly and efficiently while preserving the parties' procedural rights.

Practical Summary of Sections 133, 134 and 135

Section 133 makes an accomplice a competent witness against an accused and states that a conviction is not illegal merely for want of corroboration. Section 134 rejects any fixed numerical requirement for witnesses and focuses attention on the sufficiency and credibility of proof. Section 135 governs the sequence of witnesses by reference to the applicable civil or criminal procedure, leaving the matter to the Court's discretion where no such rule exists.

This page is a general legal information resource on the Indian Evidence Act, 1872 and is not a substitute for advice on the facts and procedural law applicable to a particular case.