Section 133 of the Indian Evidence Act deals with Accomplice. The word Accomplice has not been defined in the Indian Evidence Act Act., therefore be presumed to have been used in its ordinary sense.
1) Who is an accomplice?
An Accomplice is a person who along with others has take part in the commission of crime, a partner in wrongdoing.
2) Definition of Accomplice:
The word accomplice has not been defined in the Evidence Act. According to Judicial decisions, an accomplice is one of the guilty associates or partners in the commission of crime or who in some way or the other is connected with the commission of crime or who admits that he has a conscious hand in the commission of a crime.principles criminals
3) Competency of an Accomplice as a Witness
According to Section 133 of Indian Evidence Act, "An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice." The evidence of an accomplice, though it is uncorroborated, may form the basis for conviction. The Court may presume that an accomplice is unworthy of credit unless the corroborated in material particulars. The rule of law says that an accomplice is competent to give evidence and the rule of practice says that it is almost always unsafe to convict upon his testimony alone. Under the English Law, the evidence of an accomplice against accused is no evidence at all.
4) Kinds / Categories of Accomplice
There are Three kinds of Accomplice. An accomplice many come under any one of the following categories.
i) Principle Offender first degree or second degree
ii) Accessories Before the Crime
iii) Accessories after the crime
i) Principal Offender first degree or second degree
Principal offender of first degree is a person, who actually commits the crime, while principal offender of second degree is a person who abets or aids the commission of crime.
Example - A administers poison through B to kill C. Ais the principle offender in first degree, and B is the principal offender in the second degree.
ii) Accessories Before the Fact /Crime
Accessories before the Fact, those persons, who abet the commission of a crime, are called "Accessories Before the Crime" They do not participate in commission of crime but make necessary arrangements.
Example: A provides facilities or gives financial aid to B to commit Murder of 'D' Here A is Necessary before the fact
iii) Accessories after the crime / Crime
Who receive or protect or comfort the person who committed the crime. In simple words, person who help the accused in escaping from punishment.
Example
X commits murder of Y, If Z is knowing that X committed the murder and gives shelter to X, Z is called accessory after the crime/ fact
1) Who is an accomplice?
An Accomplice is a person who along with others has take part in the commission of crime, a partner in wrongdoing.
2) Definition of Accomplice:
The word accomplice has not been defined in the Evidence Act. According to Judicial decisions, an accomplice is one of the guilty associates or partners in the commission of crime or who in some way or the other is connected with the commission of crime or who admits that he has a conscious hand in the commission of a crime.principles criminals
3) Competency of an Accomplice as a Witness
According to Section 133 of Indian Evidence Act, "An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice." The evidence of an accomplice, though it is uncorroborated, may form the basis for conviction. The Court may presume that an accomplice is unworthy of credit unless the corroborated in material particulars. The rule of law says that an accomplice is competent to give evidence and the rule of practice says that it is almost always unsafe to convict upon his testimony alone. Under the English Law, the evidence of an accomplice against accused is no evidence at all.
4) Kinds / Categories of Accomplice
There are Three kinds of Accomplice. An accomplice many come under any one of the following categories.
i) Principle Offender first degree or second degree
ii) Accessories Before the Crime
iii) Accessories after the crime
i) Principal Offender first degree or second degree
Principal offender of first degree is a person, who actually commits the crime, while principal offender of second degree is a person who abets or aids the commission of crime.
Example - A administers poison through B to kill C. Ais the principle offender in first degree, and B is the principal offender in the second degree.
ii) Accessories Before the Fact /Crime
Accessories before the Fact, those persons, who abet the commission of a crime, are called "Accessories Before the Crime" They do not participate in commission of crime but make necessary arrangements.
Example: A provides facilities or gives financial aid to B to commit Murder of 'D' Here A is Necessary before the fact
iii) Accessories after the crime / Crime
Who receive or protect or comfort the person who committed the crime. In simple words, person who help the accused in escaping from punishment.
Example
X commits murder of Y, If Z is knowing that X committed the murder and gives shelter to X, Z is called accessory after the crime/ fact
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