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?

They transition into a prosecution witness. Signup and view all the answers

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

R.K Dalmia v. Delhi Administration Signup and view all the answers

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

Reliability and sufficient corroboration Signup and view all the answers

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

Someone who receives stolen property Signup and view all the answers

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

They may participate either directly or indirectly. Signup and view all the answers

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

An accomplice may act as a competent witness unless co-accused. Signup and view all the answers

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

Someone who aids or abets the principal offender. Signup and view all the answers

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

Accepting a pardon under Section 306 of the CrPC. Signup and view all the answers

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

Individuals who assist a known offender after the crime has been committed. Signup and view all the answers

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

An accused shall not be compelled to provide self-incriminating evidence. Signup and view all the answers

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

They can be a witness as long as they are not co-accused in the same case. Signup and view all the answers

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

The prosecution must be formally ended. 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?

Accessory Before the Fact Signup and view all the answers

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

He may be tried for the originally charged offence. Signup and view all the answers

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

The witness must understand the questions posed. Signup and view all the answers

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

It must be corroborated with other material evidence. 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?

They become a prosecution witness. Signup and view all the answers

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

They may be examined on oath. Signup and view all the answers

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

It is presumed unworthy unless corroborated. Signup and view all the answers

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

Someone who assists in crime knowingly or voluntarily. Signup and view all the answers

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

It requires corroboration to support a conviction. Signup and view all the answers

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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Description

Explore the intricate concepts of accomplices in criminal law, specifically focusing on their role and the requirements for valid testimony. This quiz covers key definitions and judicial interpretations as per Section 138 of BSA 2023, along with case law examples. Test your understanding of how accomplice testimony impacts legal proceedings.