Number of witnesses
Section 134 of the Indian Evidence Act, 1872 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 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
No particular number of witnesses shall in any case be required for the proof of any fact. CHAPTER X. –– OF THE EXAMINATION OF WITNESSES
Section 134, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 139 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 The repealed enactment still governs what happened while it was in force.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)
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
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.
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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… The medical report corroborates this ocular testimony by noting that the incised wound was found 6 cm below the nipple and 13 cm lateral to the midline of the chest. - 17. Even otherwise, section 134 of the Indian Evidence Act, 1872 ordains that no particular number of witnesses is required, in any case, to prove a fact. Therefore, it is not the law that a conviction cannot be recorded unless there is oral testimony of at least two witnesses matching with each other. It is the quality of evidence and not the …
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… State of Madras, 1957 SCR 981 : > "In view of these considerations, we have no hesitation in holding that the contention that in a murder case, the court should insist upon plurality of witnesses, is much too broadly stated. Section 134 of the Indian Evidence Act has categorically laid it down that "no particular number of witnesses shall in any case, be required for the proof of any fact". The legislature determined, as long ago as 1872, presumably after due consideration of the pros and cons, that it shall not be necessary for proof or disproof …
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… The State of Madras <sup>6</sup> case and held that as a general rule, the court can and may act on the testimony of a single witness provided he is wholly reliable. There is no legal impediment in convicting a person on the sole testimony of a single witness. That is the logic of Section 134 of the Indian Evidence Act, 1872. But, if there are doubts about the testimony the courts will insist on corroboration. It is for the court to act upon the testimony of witnesses. It is not the number, the quantity, but the quality that is material. The time-honoured principle is that evidence has to be weighed and …
Questions about Section 134
What have the courts held on Section 134 of the Indian Evidence Act?
Roshan vs The State ( Nct of Delhi) (11 Jul 2022) is the leading judgment on this section among those set out below: 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 134 of the Indian Evidence Act?
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: IEA 134, section 134 IEA, section 134 of the Indian Evidence Act. People searching for it also type indian evidence act 134 and 134a evidence act. 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 134 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 139 (Number of witnesses), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 134 of the Indian Evidence Act come into force?
Section 134 of the Indian Evidence Act, cited as IEA 134, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.