Code: Section 139 BSA
No particular number of witnesses shall in any case be required for the proof of any fact.
Explanation of Section 139 BSA
Section 139 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, establishes a fundamental principle of evidence law in India: the law does not mandate a specific number of witnesses to prove a fact in any civil or criminal proceeding.
In essence, what matters is the quality of the evidence presented—not the quantity. If the court finds the testimony of even a single witness to be credible and trustworthy, that alone may be sufficient to prove a fact.
This section ensures judicial efficiency and discourages the unnecessary summoning of multiple witnesses when fewer may suffice.
Key Highlights
- There is no legal requirement to present a minimum number of witnesses to prove a fact.
- The credibility and relevance of the witness matter more than how many testify.
- Encourages concise and effective litigation by focusing on quality over quantity of evidence.
Illustration
Example 1: Single Eyewitness in a Murder Case
In a murder trial, if only one eyewitness is available but their testimony is clear, consistent, and credible, the court may rely on that single witness to convict the accused. The law under Section 139 does not require more than one witness.
Example 2: Civil Dispute with Documented Evidence
In a civil case regarding breach of contract, if the plaintiff presents a single reliable witness along with a signed agreement, the court may accept the testimony without requiring more witnesses.
Common Questions and Answers
Q1. How many witnesses are needed to prove a fact in court?
There is no fixed number. Under Section 139, even one reliable witness is enough if the court finds the testimony credible.
Q2. Can a case be decided on the basis of one witness?
Yes. Courts often decide cases based on the testimony of a single witness if their statement is consistent, unshaken in cross-examination, and corroborated by other evidence.
Q3. Why is this provision important?
It ensures that justice is not hindered merely because a party cannot produce multiple witnesses. It emphasizes the principle that truth is not a matter of majority but of credibility.
Q4. Does this apply to both civil and criminal cases?
Yes. Section 139 applies to all proceedings where facts need to be proved, including both civil and criminal trials.
Q5. What if multiple witnesses give conflicting statements?
The court will evaluate the credibility of each witness. It is not about how many witnesses testify, but how reliable and convincing their testimonies are.
Conclusion
Section 139 of the Bharatiya Sakshya Adhiniyam upholds a key aspect of evidentiary law by confirming that the number of witnesses is not what determines the proof of a fact. This provision empowers courts to rely on credible testimony—whether it comes from one person or several. Ultimately, justice depends on truth, not numbers.
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