What is the 133 Evidence Act?
Asked by: Lorine Parisian | Last update: June 15, 2026Score: 4.7/5 (38 votes)
Section 133 of the Indian Evidence Act, 1872, states that an accomplice is a competent witness against an accused person, meaning their testimony is admissible in court, and a conviction isn't automatically illegal just because it relies on their uncorroborated evidence. However, judicial interpretation, guided by Section 114 Illustration (b) of the same Act, treats accomplice testimony with caution, recognizing its inherent risks (like potential for false testimony to shift blame) and generally requiring corroboration from other independent evidence to be safe for a conviction.
What is the 133 of Evidence Act?
Description. 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.
What is the Section 113 Evidence Act?
When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
Which type of evidence is not admissible?
Hearsay evidence
Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information.
What is the IPC 133?
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to ...
Evidence Act - Section 133
What is the 133 case law?
the Magistrate's responsibility under Section 133 Cr. P.C. is to order removal of nuisance within a time to be fixed in the order. This it was said is a public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding.
Who can file a complaint under 133 CrPC?
Section 133 bestows magistrates with the authority to respond promptly to public nuisances. This authority is not restricted to reactions prompted by citizen complaints; magistrates can also take suo motu cognizance, enabling them to initiate legal proceedings independently.
Can screenshots of messages be used as evidence?
Yes, screenshots of messages can be used as evidence, but they often face challenges with authenticity; courts prefer original records with metadata (dates, times, sender info) because screenshots are easily edited, so you need to prove the screenshot is a fair, unaltered representation, often through witness testimony or expert analysis, not just the image itself.
What evidence cannot be used in court?
R. Evid. 1101(b). If the evidence does not meet standards of relevance, the privilege or public policy exists, the qualification of witnesses or the authentication of evidence is at issue, or the evidence is unlawfully gathered, then it is inadmissible.
What are the 4 types of evidence?
The four main types of evidence, particularly in legal and argumentative contexts, are Testimonial (spoken/written statements), Physical/Real (tangible objects like weapons or DNA), Documentary/Digital (written records, emails, computer data), and Demonstrative (visual aids like charts or diagrams that explain other evidence). Other frameworks categorize them by strength (anecdotal, descriptive, correlational, causal) or function (direct, circumstantial, corroborating).
What is the 7 of Evidence Act?
Facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
What is Section 135 of the evidence?
s 135 gives a discretion to exclude any evidence where its probative value is substantially outweighed by the danger that it might be unfairly prejudicial to a party.
What is the 120 Evidence Act?
120. In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
Is BNS 133 bailable or not?
Bailable or Non-bailable : Bailable. By what Court triable : Any Magistrate.
What is the best evidence rule in the Evidence Act?
The evidence law of India regards the “Best Evidence Rule” as a principle guiding the Indian Evidence Act 1872. By Best Evidence Rule we mean that the secondary evidence won't be applicable when primary evidence exists.
What is the burden of proof under this Act?
California Code, Evidence Code - EVID § 115
“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
What color do judges like to see in court?
Judges prefer neutral, conservative colors like navy, gray, black, brown, and white, as they convey seriousness, respect, and professionalism, while avoiding distractions. Bright colors, flashy patterns, and overly casual attire (like shorts or t-shirts) are discouraged because they can appear unserious or disrespectful in a formal courtroom setting.
What makes evidence illegal?
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What is the strongest form of evidence against a defendant?
In a criminal case, direct evidence is a powerful way for a defendant to be proven guilty beyond a reasonable doubt. Direct evidence can include eyewitness testimony, physical evidence, and forensic evidence. This type of evidence can include fingerprints, DNA samples, and other forms of forensic evidence.
How far back can courts get text messages?
Subpoenas can seek messages as far back as they exist, but the availability depends on two things: carrier retention policies and legal relevance. Carriers often only store message content for a few days to months, though metadata may be kept longer.
Can deleted WhatsApp messages be used in court?
If the Messages Are Unaltered and Retrievable
WhatsApp's end-to-end encryption makes it difficult to modify messages. However, courts will only accept messages that can be directly retrieved from a device, cloud backup, or forensic extraction tools like Cellebrite.
What proof do you need to press charges?
Police need probable cause to charge someone, meaning enough objective facts and circumstances for a reasonable person to believe a crime was committed by that suspect, which can come from direct evidence (witnesses, video, confessions, forensics like DNA/fingerprints) or strong circumstantial evidence (phone records, financial trails, behavior), even without physical proof, relying on credible statements and observations.
What is the punishment under Section 133 CrPC?
Punishment under Section 133 CrPC
The offence of public nuisance is punishable except for the offences laid down in Section 290 of the Indian Penal Code, 1860. Under this provision, the fine can be extended up to Rs. 200. The offence under this Section is bailable, non-cognizable and non-compoundable.
Who can close the complaint?
If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly ...