Number of witnesses
Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 deals with number of witnesses. No particular number of witnesses shall in any case be required for the proof of any fact. The Act came into force on 01 Jul 2024.
No particular number of witnesses shall in any case be required for the proof of any fact.
Section 139, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 134 Number of witnesses Text carried over almost unchanged 89%
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 The repealed enactment still governs what happened while it was in force.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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Roshan vs The State ( Nct of Delhi)
Decided under Indian Evidence Act 134, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the sole eyewitness testimony in a criminal case is that of a stock witness of the police whose credibility is suspect, and such testimony lacks corroboration from any other reliable evidence, the conviction cannot be sustained. The prosecution must prove its case beyond reasonable doubt, and the burden is not on the accused to prove innocence. Common intention under Section 34 IPC must be proved beyond reasonable doubt as a foundational requirement, and mere presence at the scene of crime without more does not establish common intention. The quality of evidence, not the quantity of witnesses, is the criterion for conviction.
On this section: Number of witnesses; the Court cited this section to establish that no particular number of witnesses is required for proof of any fact, but quality of evidence matters
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Shanmugam vs State Rep. by Inspector of Police, T. Nadu
Decided under Indian Evidence Act 134, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused person is tried for murder under Section 302 IPC read with Section 34 IPC (common intention), the conviction can be sustained on the credible testimony of a single related witness (such as the brother of the deceased) if such testimony is found to be reliable and consistent with medical evidence and other corroborative facts, provided the witness has no motive to falsely implicate the accused beyond his relationship to the victim. Delay in lodging an FIR is not fatal to the prosecution case if satisfactorily explained by reasonable circumstances such as travel time and necessities of informing other family members. The formation of an unlawful assembly with brutal and repeated assault using multiple weapons with clear intention to cause death constitutes murder under Section 302 IPC and not merely culpable homicide under Section 304 Part II IPC, regardless of whether a single blow would have caused death.
On this section: Conviction based on single witness - Court clarified that conviction can be based on sole testimony of reliable single witness without requirement of corroboration
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.
Questions about Section 139
What have the courts held on Section 139 of the Bharatiya Sakshya Adhiniyam?
Roshan vs The State ( Nct of Delhi) (11 Jul 2022) is the leading judgment on this section among those set out below, though it was decided under IEA 134, which this section replaced -- the court never mentioned this Act: Number of witnesses; the Court cited this section to establish that no particular number of witnesses is required for proof of any fact, but quality of evidence matters. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2013 to 2022.
How do I find court cases under Section 139 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 139, section 139 BSA, section 139 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 139. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Roshan vs The State ( Nct of Delhi) (11 Jul 2022).
What should I read with Section 139 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 134 (Number of witnesses), so the judgments decided under that provision are the case law on this one.
When did Section 139 of the Bharatiya Sakshya Adhiniyam come into force?
Section 139 of the Bharatiya Sakshya Adhiniyam, cited as BSA 139, 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.