Question

An accomplice is unworthy of credit unless he is corroborated in material particulars is a

• A. presumption of fact
• B. presumption of law
• C. conclusive proof
• D. none of the above

Hint:

Remember the distinction created by the Evidence Act: \textbf{May Presume} = Presumption of Fact (discretionary). \textbf{Shall Presume} = Rebuttable Presumption of Law (mandatory until disproved). \textbf{Conclusive Proof} = Irrebuttable Presumption of Law. The accomplice rule falls into the first category.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question deals with the evidentiary value of the testimony of an accomplice (a partner in crime). The law treats such evidence with caution, and the statement describes the general rule of prudence followed by courts. We need to classify this rule as a type of presumption.
Step 2: Detailed Explanation:
There are two key sections in the Indian Evidence Act, 1872, that deal with accomplice evidence: \begin{enumerate} \item Section 133: This section lays down the rule of law. It states that 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. \item Section 114, Illustration (b): This section lays down the rule of prudence. It states that the Court may presume "that an accomplice is unworthy of credit, unless he is corroborated in material particulars." \end{enumerate} The key phrase here is "may presume." Under Section 4 of the Evidence Act, wherever the Act provides that the court "may presume" a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. This is a discretionary presumption, based on the common course of human conduct and public and private business. Such discretionary presumptions are known as presumptions of fact (\textit{presumptiones hominis}). In contrast, a "presumption of law" (\textit{presumptiones juris}) is one where the court is bound to presume a fact ("shall presume") until it is disproved. "Conclusive proof" is even stronger, where no evidence is allowed to disprove the presumed fact. Since the rule regarding corroboration of an accomplice is a discretionary one under Section 114, it is a presumption of fact.
Step 3: Final Answer:
The rule that an accomplice is unworthy of credit unless corroborated is a presumption of fact.