Section 139 BSA 2023: Number of Witnesses

Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) states the rule on the number of witnesses required to prove a fact in court. The provision focuses on the quality and legal sufficiency of evidence rather than prescribing a fixed numerical requirement.

Meaning of Section 139 of the Bharatiya Sakshya Adhiniyam

Section 139 means that the law does not require two, three or any other fixed number of witnesses merely because a fact has to be proved. A court must assess whether the evidence that is actually produced is admissible, credible and sufficient in the circumstances of the case.

The provision applies to proof of facts in judicial proceedings governed by the BSA. Its central principle is that numerical strength by itself is not the test of proof. A smaller number of reliable witnesses may carry greater evidentiary value than a larger number of unreliable or inconsistent witnesses.

Key legal effect

• No fixed minimum number of witnesses is prescribed for proof of a fact.
• The court evaluates the reliability, admissibility and probative value of the evidence produced.
• The provision does not dispense with the applicable standard or burden of proof.
• Special statutory requirements, where another law expressly requires attestation or a particular mode of proof, must still be complied with.

Equivalent provision under the Indian Evidence Act, 1872

Section 139 BSA substantially carries forward the rule previously contained in Section 134 of the Indian Evidence Act, 1872, which also provided that no particular number of witnesses was required for proof of any fact. The BSA is now the central evidence statute applicable from 1 July 2024, subject to its repeal and savings provisions.

Related provisions

Section 139 appears in Chapter IX of the BSA dealing with witnesses. It is immediately preceded by Section 138 - Accomplice and followed by Section 140 - Order of production and examination of witnesses.

Official source

For the authoritative statutory text, see the Bharatiya Sakshya Adhiniyam, 2023 on India Code.