accomplice

An accomplice is a guilty associate in the crime: one who participated as principal, abettor or conspirator. A person who only knew of the crime, or was forced to take part, or merely saw it, is not an accomplice. Whether a witness is an accomplice decides how his evidence is weighed.

An accomplice is a competent witness, and a conviction resting on his uncorroborated testimony is not illegal. But the court may presume that an accomplice is unworthy of credit unless corroborated in material particulars, and as a rule of prudence courts look for such corroboration. An accomplice who is granted a pardon to testify is an approver.

Example

The driver who waited outside with the getaway car was an accomplice, so his account of the robbery needed independent corroboration before the court relied on it.

In Indian law

• Section 138, Bharatiya Sakshya Adhiniyam, 2023 (old s.133 Evidence Act): accomplice a competent witness
• Section 119, illustration (b), Bharatiya Sakshya Adhiniyam, 2023 (old s.114 ill. (b) Evidence Act)

See also

accomplice evidence · approver · abetment · corroboration

Read more in the study notes

• Accomplice, approver and corroboration (Bharatiya Sakshya Adhiniyam)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Information leading to discovery and confession of a co-accused (sections 23 proviso and 24) (Bharatiya Sakshya Adhiniyam)
• Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)
• Competency of witnesses and the child witness (Bharatiya Sakshya Adhiniyam)
• Legal words and their usage: Accused to Juvenile (English)