Accomplice Evidence Under the BSA (Section 138): Evidence Act 133 Mapping (2026)
Whether a co-accused or approver can be a witness, how much their evidence can be trusted, what Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 says, and how it maps to Section 133 of the old Evidence Act. Last verified October 2026.
Explainer · BSA · Evidence Law
An accomplice is a person who took part in the crime and then gives evidence against the others, often as an approver. Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) says an accomplice is a competent witness against an accused. It replaced Section 133 of the Indian Evidence Act, 1872 from 1 July 2024. It is a rule of evidence, not an offence, so it carries no punishment. Last verified October 2026.
- What it is: Section 138 of the BSA, 2023, which makes an accomplice a competent witness against an accused.
- Old law: it replaced Section 133 of the Indian Evidence Act, 1872.
- Rule of prudence: courts usually look for independent corroboration before acting on an accomplice’s evidence.
- No punishment: this is an evidence rule, not an offence, so it carries no punishment.
- Search and track: Claw finds Section 138 judgments and tracks live cases across 9,102 forums.
01What accomplice evidence is
An accomplice is someone who was part of the crime. When such a person agrees to tell the court what happened, usually in return for a pardon, they are often called an approver. The question the law answers is whether a court can act on the word of a person who was himself in the wrong.
Section 138 of the BSA gives the first answer: an accomplice is a competent witness against an accused person. In other words, the court is allowed to hear the accomplice, and the evidence is not barred simply because it comes from a participant in the crime.
This matters most in conspiracy, organised crime and large fraud cases, where an insider’s account can open up the whole plan. But the law also knows that such a witness has a strong reason to shift blame, so competence is only the start.
02Competence and the rule of corroboration
There are two separate ideas, and they are often confused.
- Competence (Section 138). An accomplice is a competent witness, and the law does not make a conviction illegal only because it rests on the testimony of an accomplice.
- Prudence (a rule of practice). As a matter of caution, courts in India usually look for independent corroboration of the accomplice on material points before acting on the evidence. This rule of prudence has hardened into near-settled practice over time.
An accomplice can be believed. But because such a witness has a motive to shift blame, courts as a rule of prudence look for independent support on the important points.
Under the old Act this came from reading Section 133 together with the presumption, in the old illustration to Section 114, that an accomplice is unworthy of credit unless corroborated. Both ideas carry into the BSA.
03Section 138 and old Section 133: the mapping
Section 138 of the BSA corresponds to Section 133 of the Indian Evidence Act, 1872. The related presumption, which the old Act carried as illustration (b) to Section 114, is placed in the illustrations to the presumption section of the BSA.
| Old law (Indian Evidence Act, 1872) | New law (BSA, 2023) | Subject |
|---|---|---|
| Section 133 | Section 138 | Accomplice is a competent witness |
| Section 114, illustration (b) | Presumption section of the BSA (illustration) | An accomplice is unworthy of credit unless corroborated |
If you are searching for "section 133 evidence act in bsa", the answer is Section 138. The substance of the accomplice rule is carried forward.
04Is there a punishment? Is it cognizable or bailable?
Section 138 does not create an offence, so it has no punishment. The words cognizable, bailable, and triable by do not apply to it. It is a rule about who can be a witness and how far the court should trust that witness.
The offence being tried is charged under its own section in the Bharatiya Nyaya Sanhita, 2023. Section 138 only decides that an accomplice may give evidence, and the rule of prudence guides how much weight that evidence gets.
05What changed from the old law
For anyone trained on Section 133, the change is mainly a renumbering.
- Same core rule, new number. An accomplice is a competent witness, now under Section 138.
- Corroboration as prudence continues. The practice of looking for independent corroboration carries forward through the presumption in the BSA.
- Read the current text carefully. Some commentators have flagged a wording point in the new section, so the exact text should be checked against the official source.
For the bigger picture, see our overview of the new criminal laws of 2024 and the key changes from the Evidence Act to the BSA. For a related topic, see the rule on the number of witnesses needed to prove a fact.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Accomplice and approver questions under Section 138 come up in conspiracy, fraud and organised crime trials, and the courts keep refining how much corroboration an accomplice needs. This is where Claw helps. You can search 30 crore+ judgments across the Supreme Court and 25 High Courts to see how courts have read Section 138 and the old Section 133, and you can track live cases and orders across 9,102 courts, benches and forums, all by section, party or advocate name, with results in under 5 seconds.
Create a FREE Claw account to search and track cases under this section by party or advocate name. There is a free plan for individual advocates, with paid plans for teams. To go deeper, see the guide to case search across Indian courts.
07Sources and further reading
- India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
- Ministry of Home Affairs (the new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being interpreted by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.
08Frequently asked questions
What is accomplice evidence under the BSA?
An accomplice is a person who took part in the crime and then gives evidence against the others, often as an approver. Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 says an accomplice is a competent witness against an accused, so the court may act on the evidence.
Which section of the Evidence Act is Section 138 of the BSA?
Section 138 of the BSA corresponds to Section 133 of the Indian Evidence Act, 1872. The related presumption, that an accomplice is unworthy of credit unless corroborated, carries forward in the illustrations to the presumption section of the BSA.
Can a conviction rest on an accomplice alone?
In law an accomplice is a competent witness, and a conviction is not illegal merely because it rests on an accomplice. But as a rule of prudence, courts in India usually look for independent corroboration on material points before relying on an accomplice.
Who is an approver?
An approver is an accomplice who is granted a pardon in return for making a full and true disclosure of the whole of the circumstances. Once pardoned, the approver gives evidence for the prosecution, and the court treats it as accomplice evidence under Section 138.
What is the punishment under Section 138 of the BSA?
There is none. Section 138 is a rule of evidence, not an offence, so it carries no punishment and the terms cognizable or bailable do not apply to it. The offence itself is charged under its own section in the Bharatiya Nyaya Sanhita, 2023.
How can I find judgments on accomplice evidence?
Claw lets you search 30 crore+ judgments across the Supreme Court and 25 High Courts by section, party or advocate, and track live cases across 9,102 forums, with results in under 5 seconds. You can create a free account to search and track cases under this section.