Criminal Law: Accomplice Testimony

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Questions and Answers

What is one key requirement for an accomplice's testimony in court?

  • It must be corroborated by other evidence. (correct)
  • It can be accepted without any additional evidence.
  • It is deemed reliable on its own.
  • It is not needed if the accused confesses.

Which term is used for an individual who is persuaded by law enforcement to commit a crime to gather evidence against others?

  • Prosecution witness
  • Trap witness (correct)
  • Corroborator
  • Accomplice

According to the Evidence Act, how is an 'accomplice' generally understood?

  • Only those who commit theft.
  • Only individuals directly involved at the crime scene.
  • A person who witnesses a crime.
  • Any person involved with offenders in a crime. (correct)

What happens to an accomplice when they become an approver?

<p>They transition into a prosecution witness. (D)</p> Signup and view all the answers

In which case was an accomplice defined as a person who actively participates in a criminal act?

<p>R.K Dalmia v. Delhi Administration (B)</p> Signup and view all the answers

What must an approver's testimony pass to be considered valid?

<p>Reliability and sufficient corroboration (B)</p> Signup and view all the answers

Which of the following individuals might still be considered an accomplice despite not directly committing a crime?

<p>Someone who receives stolen property (B)</p> Signup and view all the answers

What does the Evidence Act's conceptualization of an accomplice generally imply?

<p>They may participate either directly or indirectly. (C)</p> Signup and view all the answers

What is the role of an accomplice in relation to being a competent witness against an accused person?

<p>An accomplice may act as a competent witness unless co-accused. (D)</p> Signup and view all the answers

Which of the following describes a Principal Offender of Second Degree?

<p>Someone who aids or abets the principal offender. (D)</p> Signup and view all the answers

What action allows an accomplice to become a competent witness according to the provided content?

<p>Accepting a pardon under Section 306 of the CrPC. (C)</p> Signup and view all the answers

What does the term 'Accessories After the Fact' refer to?

<p>Individuals who assist a known offender after the crime has been committed. (D)</p> Signup and view all the answers

What stipulation does Article 20(3) of the Constitution of India, 1950, impose?

<p>An accused shall not be compelled to provide self-incriminating evidence. (B)</p> Signup and view all the answers

Under what conditions can an accomplice retain their status as an accused while being a witness?

<p>They can be a witness as long as they are not co-accused in the same case. (C)</p> Signup and view all the answers

What must occur for an accomplice to provide evidence as a competent witness after a pardon?

<p>The prosecution must be formally ended. (A)</p> Signup and view all the answers

Which type of accomplice does not take part in the actual commission of a crime but incites others to do so?

<p>Accessory Before the Fact (A)</p> Signup and view all the answers

What happens if a pardoned accused fails to make a full disclosure?

<p>He may be tried for the originally charged offence. (A)</p> Signup and view all the answers

What is the sole criterion for a witness's competency in Section 124 of BSA?

<p>The witness must understand the questions posed. (C)</p> Signup and view all the answers

What is required for an accomplice's testimony to be considered valid for a conviction?

<p>It must be corroborated with other material evidence. (C)</p> Signup and view all the answers

According to the Supreme Court's ruling in Shanker v State of Tamil Nadu, what happens when an accomplice becomes an approver?

<p>They become a prosecution witness. (C)</p> Signup and view all the answers

What does Section 138 of the BSA state about accomplice witnesses?

<p>They may be examined on oath. (B)</p> Signup and view all the answers

What is the presumption about an accomplice’s testimony according to State of Rajasthan v. Bal Veera?

<p>It is presumed unworthy unless corroborated. (D)</p> Signup and view all the answers

What defines an accomplice according to the Allahabad High Court in Chandan v. Emperor?

<p>Someone who assists in crime knowingly or voluntarily. (B)</p> Signup and view all the answers

Which of the following statements about an accomplice's testimony is accurate?

<p>It requires corroboration to support a conviction. (B)</p> Signup and view all the answers

Flashcards

Accomplice

A person who participates in a crime, knowingly aiding and abetting others in the crime's commission.

Trap Witness

A witness induced by law enforcement to engage in illegal activities to gather evidence against others.

Approver

A trap witness who receives a pardon for their participation in a crime.

Accomplice Testimony Corroboration

Supporting evidence required to verify the accomplice's testimony, due to potential bias and untrustworthiness.

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Competent Witness

A witness allowed to testify despite a past involvement in the crime. Examples of this category are trap witness and approvers under BSA, 2013

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Particeps criminis

A partner in crime; a person who is involved in the criminal activity.

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Reliability Test

A legal evaluation assessing the trustworthiness of an approver's testimony.

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Sufficient Corroboration

Supporting evidence necessary for an approver's testimony to be considered valid.

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Accomplice competency

An accomplice can testify in court against an accused, even if their testimony is not corroborated.

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Principal offender (first degree)

The person who directly commits a crime.

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Principal offender (second degree)

Someone who helps commit a crime, but is not the main perpetrator.

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Accessory before the fact

Someone who encourages or plans a crime, but didn't take part in directly committing it.

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Accessory after the fact

Someone who helps a criminal escape after the crime.

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Competent witness (accomplice)

An accomplice can be a witness, unless they're a co-accused facing trial in the same case

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Pardon under CrPC Section 306

Allows an accomplice to become a competent witness.Requires prosecution withdrawal & formal discharge.

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Self-incrimination

Providing evidence that might expose someone to criminal prosecution. There are exemptions.

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Witness Competency

A person's ability to understand questions and give logical answers. Age, health, and mental state are factors.

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Corroboration

Additional evidence needed to strengthen the testimony of an accomplice.

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Accomplice Witness

A person involved in a crime, who provides testimony against other involved people.

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Full Disclosure

A requirement for someone accused of a crime to provide complete details to the court.

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Section 308

A legal section that allows the court to use statements from someone who didn't disclose information, against them.

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Competency (legal)

Legal qualification for a witness to testify; they understand and give rational responses.

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Study Notes

Introduction

  • Evidence Act's concept of an accomplice crucial in criminal proceedings
  • Accomplices, while capable, require corroborating evidence due to potential bias
  • This rule ensures reliability and credibility of testimony
  • Accomplice testimony crucial for fair and just legal process
  • Accomplice defined in legal context, especially Section 138 of BSA 2023
  • Accomplice is someone participating in a crime alongside others
  • Trap witness: individual convinced by police to commit a crime
  • Approver: a trap witness pardoned, becoming a witness, falls under accomplice definition in BSA 2023
  • Accomplice definition in ordinary sense, judiciary defined: Involved in crime or aiding/abetting
  • Case examples: Chandan v Emperor, R.K Dalmia v. Delhi Administration, Shanker v State of Tamil Nadu
  • Criminal participation examples besides direct involvement: receiving stolen property
  • Accomplice transition into approver: becoming a prosecution witness
  • Accomplice testimony must satisfy reliability and corroboration test in BSA Section 138
  • Uncorroborated accomplice testimony not illegal, conviction valid
  • Types of accomplices based on level of crime involvement: several types exist

Types of Accomplices

  • Principal Offender of First Degree: directly commits the crime
  • Principal Offender of Second Degree: aids, abets, or assists in the crime
  • Accessories Before the Fact: encourages, incites, or procures the crime
  • Accessories After the Fact: helps in escaping punishment

Accomplice as Witness

  • An accomplice is a competent witness if they are not a co-accused in the case
  • A pardon and discharge under CrPC can make an accomplice a competent witness
  • Accomplice testimony doesn't automatically guarantee a conviction but needs corroboration
  • Article 20(3) of the Constitution (India) prevents forced testimony against oneself, but accomplices voluntarily confessing are not excluded from this rule
  • The provisions in CrPC Sections 306 and 308 are unaffected
  • Competency (Section 124 of BSA): mental ability requirement for a witness. Accomplice can be examined on oath

Evidentiary Value of Accomplice Testimony

  • Accomplice testimony needs corroboration (other evidence supporting it) for conviction
  • This is to protect the accomplice and ensure reliability
  • Corroboration ensures testimony is trustworthy

Case Laws

  • Chandan v Emperor (1930): defined accomplice role
  • Shanker v State of Tamil Nadu (1994): on accomplice becoming approver
  • State of Rajasthan v. Bal Veera (2014): emphasized corroboration importance if accomplice witness

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Related Documents

Accomplice in Evidence Act PDF

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