Who is an Accomplice?

From a legal perspective, an accomplice is a person who is involved with the principal offender in committing a crime. This person may assist in planning, executing, or concealing the crime. Under Indian law, accomplices can be categorized based on their involvement in the crime, such as:

Co-offender – A person who directly participates in committing the crime.
Abettor – A person who incites, assists, or supports the commission of a crime.
Accessory – A person who helps in hiding the offender or destroying evidence after the crime.

Under the Indian Evidence Act, 1872, the testimony of an accomplice is viewed with suspicion, as they are themselves involved in the crime and may give false testimony to reduce their own punishment.

Rule of Admissibility of Testimony of an Accomplice

The provisions related to an accomplice’s testimony are covered under Section 133 of the Indian Evidence Act, 1872, and Illustration (b) of Section 114 of the Code of Criminal Procedure, 1973. These provisions are explained below:

1. Section 133 - Testimony of an Accomplice

This section states that the testimony of an accomplice is valid and admissible, and a conviction can be based on it.
However, in practice, courts do not consider an accomplice’s testimony as sufficient on its own, unless corroborated by independent evidence.

2. Illustration (b) of Section 114 - Suspicion on an Accomplice's Testimony

According to this provision, it is generally presumed that an accomplice's testimony is not entirely truthful and should not be accepted without corroboration.
The courts follow the principle that "an accomplice's testimony must be corroborated," especially in serious offenses.

Judicial Interpretation

Indian courts have examined the admissibility of an accomplice’s testimony in several landmark judgments:

R v. Baskerville (1916) – This significant English case established that an accomplice's testimony must be corroborated by independent and reliable evidence.
State of Bihar v. Basawan Singh (1958) – The Supreme Court of India clarified that a conviction can be based on an accomplice’s testimony, but it must be corroborated.
Haricharan Kurmi v. State of Bihar (1964) – The court held that an accomplice's testimony cannot be outright rejected but must be scrutinized carefully.

Conclusion

An accomplice is a person who is directly or indirectly involved in a crime. According to Section 133 of the Indian Evidence Act, 1872, their testimony is admissible, but as per Section 114, it is not considered entirely reliable without corroboration. Courts generally follow the "rule of cautious corroboration" before relying on an accomplice’s testimony for conviction.

Who is an Accomplice?