Section 139 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 139 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 139: Number of Witnesses
Text of Section 139:
No particular number of witnesses shall in any case be required for the proof of any fact.
🔍 Meaning and Application
Section 139 of the Bharatiya Sakshya Adhiniyam, 2023, emphasizes that the number of witnesses is not a determining factor in proving a fact in legal proceedings. This provision aligns with the principle that the quality and credibility of evidence are more important than the quantity of witnesses.
Key Points:
No Minimum Requirement: There is no statutory minimum number of witnesses required to prove a fact.
Credibility Over Quantity: The court assesses the credibility and reliability of the evidence presented, regardless of the number of witnesses.
Flexibility in Evidence: This provision allows for flexibility in legal proceedings, accommodating various circumstances where a single credible witness may suffice.
⚖️ Illustrative Example
Scenario:
In a theft case, a single eyewitness testifies to having seen the accused commit the crime.
Application of Section 139:
The court will evaluate the credibility of the eyewitness's testimony.
If the testimony is deemed credible and reliable, it may be sufficient to prove the fact, even without additional witnesses.
🧭 Purpose and Importance
Ensures Fair Trials: By not imposing a minimum number of witnesses, the law ensures that justice is not denied due to technicalities
Promotes Justice: It allows for the admission of truthful and reliable evidence, even if it comes from a single witness.
Adaptability: This provision provides flexibility in legal proceedings, accommodating various situations where multiple witnesses may not be available.
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