Section 139 Bharatiya Sakshya Adhiniyam, 2023: Number of witnesses

Section 139 of Bharatiya Sakshya Adhiniyam, 2023: Number of witnesses

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

No particular number of witnesses shall in any case be required for the proof of any fact.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 139

Section 139 establishes that no particular number of witnesses shall in any case be required for the proof of any fact, codifying the cardinal evidentiary maxim: 'Evidence must be weighed, not counted.'

Quality Over Quantity: A conviction or decree can be founded upon the sole testimony of a single reliable witness.
Plurality Not Required: The prosecution or plaintiff is not required to examine multiple witnesses to prove an incident, search, or transaction.
Three Witness Categories: Witnesses are categorized as: (1) Wholly reliable, (2) Wholly unreliable, and (3) Neither wholly reliable nor wholly unreliable.

Key Landmark Precedents:

Vadivelu Thevar v. State of Madras (AIR 1957 SC 614): The Supreme Court formulated the classic principle: the law of evidence weighs testimony, it does not count heads; conviction can be based on the testimony of a single wholly reliable witness under Section 134 IEA (Section 139 BSA).
Lallu Manjhi v. State of Jharkhand (2003) 2 SCC 401: Reiterated that if a sole witness is neither wholly reliable nor wholly unreliable, the court must seek corroboration before basing conviction on their testimony.

Courtroom Practice & Strategic Litigation Guidance:

In trial strategy, do not clutter your witness list with ten repetitive eyewitnesses. Focus on the two most consistent and articulate witnesses; under Section 139, two credible witnesses are far more lethal than ten witnesses whose cross-examinations develop contradictions.