Accomplice
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 deals with accomplice. An accomplice shall be a competent witness against an accused person; The Act came into force on 01 Jul 2024.
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.
Section 138, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 133 Accomplice Close, with changes 84%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mrinal Das v. State of Tripura
Decided under Indian Evidence Act 133, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-7.pdf 2011-09-05. Crl A 2008. IEA 133: an accomplice is a competent witness and a conviction may rest on uncorroborated accomplice evidence if it is reliable; illustration (b) to s.114 only advises caution, it does not enact a rule of law requiring corroboration. Map iea 133 and successor bsa 138.
On this section: Successor of IEA 133 (mapping.csv close). Accomplice-competence teaching carries to BSA 138.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Learned Advocate appearing for SS and SM has drawn the attention of the Court to Section 114 of the Evidence Act. He has contended that, the ingredients of Section 114 and 133 of the Evidence Act, have not been fulfilled in the facts of the present case. He has also referred to Section 138 of the Bharatiya Sakshya Adhiniyam, 2003 and contended that, there is a paradigm shift from the earlier provisions of the Evidence Act. 19. Learned Advocate appearing for SS and SM has contended that PW 22 who conducted the autopsy on one of the victims stated that, the possibility of accidental death of such …
Questions about Section 138
What have the courts held on Section 138 of the Bharatiya Sakshya Adhiniyam?
Mrinal Das v. State of Tripura (05 Sep 2011) is the leading judgment on this section among those set out below, though it was decided under IEA 133, which this section replaced -- the court never mentioned this Act: Successor of IEA 133 (mapping.csv close). Accomplice-competence teaching carries to BSA 138.
How do I find court cases under Section 138 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 138, section 138 BSA, section 138 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 138 bsa act and bsa 68 138. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mrinal Das v. State of Tripura (05 Sep 2011).
What should I read with Section 138 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 133 (Accomplice), so the judgments decided under that provision are the case law on this one.
When did Section 138 of the Bharatiya Sakshya Adhiniyam come into force?
Section 138 of the Bharatiya Sakshya Adhiniyam, cited as BSA 138, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.