Section 138 BSA 2023: Accomplice
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the competency of an accomplice as a witness against an accused person and expressly links a lawful conviction to corroborated accomplice testimony.
Updated: 13 September 2026 | Act No. 47 of 2023 | In force from 1 July 2024
Text of Section 138 - Accomplice
Section 138. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
Meaning and legal effect of Section 138
An accomplice is a person who participated in, assisted, or was involved in the offence in a manner that may expose that person to criminal responsibility. Section 138 makes it clear that such a person is not disqualified merely because of that participation. The accomplice is legally competent to give evidence against an accused person.
The second part of Section 138 is equally important. It states that a conviction is not illegal when it proceeds upon corroborated testimony of the accomplice. In practical terms, corroboration means independent supporting evidence connecting the accused with material aspects of the offence or with the accomplice's account.
Section 138 read with Section 119 of the BSA
Section 138 should be read with Section 119, Illustration (b) of the Bharatiya Sakshya Adhiniyam, 2023. That illustration states that the Court may presume that an accomplice is unworthy of credit unless the accomplice is corroborated in material particulars.
What should corroboration establish?
Corroborative evidence should be assessed in the context of the particular case. The important question is whether independent evidence lends assurance to material parts of the accomplice's account and connects the accused with the crime. Mere repetition of the accomplice's allegation by another dependent source may not provide the same assurance as genuinely independent evidence.
Key features of Section 138
- Competent witness: An accomplice can legally testify against an accused person.
- Corroboration: The statutory text expressly refers to corroborated testimony.
- Material particulars: Section 119 Illustration (b) specifically refers to corroboration in material particulars.
- Judicial assessment: The Court must evaluate credibility, consistency, surrounding circumstances, and the independent evidence relied upon as corroboration.
- BSA provision: Section 138 belongs to the Bharatiya Sakshya Adhiniyam, 2023, not the Bharatiya Nagarik Suraksha Sanhita, 2023.
Commencement of the Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force.
Frequently asked questions
Can an accomplice be a witness against the accused?
Yes. Section 138 expressly provides that an accomplice is a competent witness against an accused person.
Does Section 138 require corroboration?
The section states that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Section 119 Illustration (b) separately refers to corroboration in material particulars when considering the creditworthiness of an accomplice.
Which law contains Section 138 on accomplice evidence?
It is Section 138 of the Bharatiya Sakshya Adhiniyam, 2023.