accomplice evidence

Accomplice evidence is the testimony of a person who took part in the offence, often an approver. It is admissible, and the BSA expressly says a conviction is not illegal merely because it rests on uncorroborated accomplice testimony. At the same time, an illustration to the presumption section allows the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars.

Courts reconcile the two by a rule of prudence: accomplice evidence should ordinarily be corroborated, by independent evidence, in material particulars, both as to the crime and as to the identity of the accused. One accomplice cannot normally corroborate another. The reason is that an accomplice has a motive to shift blame and to buy his own safety.

Example

The approver's story was corroborated by the recovery of the stolen jewellery from the accused's house, so the court could safely act on the accomplice evidence.

In Indian law

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

See also

accomplice · approver · corroboration · witness

Read more in the study notes

• Accomplice, approver and corroboration (Bharatiya Sakshya Adhiniyam)