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BSA 2023 § 139 — Number of witnesses

§ SECTION 139 · BSA 2023 · CHAPTER IX — OF WITNESSES

Number of witnesses

Evidence is weighed, not counted. No particular number of witnesses is required to prove any fact — a single credible witness can suffice; what matters is quality, not quantity.

How to read Section 139

There is no minimum head-count of witnesses to prove a fact — one reliable witness can be enough; the court weighs their worth, it does not tally their number.

The rule

No particular number of witnesses is required, in any case, to prove any fact.

What it means

A fact may be proved by a single reliable witness — there is no minimum number.

Why

Evidence is weighed, not counted — the court judges credibility, not the number of witnesses.

The bare Act

The section in its own words — a single, sweeping rule.

Section 139 · verbatim

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

In short: the law fixes no minimum number of witnesses for proving anything. A fact — however serious the matter — may be established on the testimony of a single witness, provided the court finds that witness reliable. Conversely, a crowd of witnesses proves nothing if the court does not believe them. The guiding idea is the old maxim testes ponderantur, non numerantur — witnesses are weighed, not numbered. So the enquiry is always into the quality and credibility of the evidence, never a mechanical count of heads. This is a rule about number only: it does not lower the standard of proof (a criminal charge must still be proved beyond reasonable doubt), and it yields where some special provision independently calls for corroboration or a particular formality — but the general rule of evidence sets no numerical bar.

→ This carries forward IEA 1872 § 134 — no particular number of witnesses is required to prove any fact.

Glossary

no particular number

No fixed minimum count of witnesses.

in any case

In every kind of proceeding — civil or criminal.

proof of any fact

Establishing any fact the court has to decide.

single credible witness

One trustworthy witness can suffice to prove a fact.

weighed, not counted

The court assesses quality and credibility, not quantity.

testes ponderantur, non numerantur

The maxim: witnesses are weighed, not numbered.

The picture

One believed witness outweighs many disbelieved ones — the court weighs worth, it does not tally numbers.

ONE credible witnessbelieved by the court→ can prove the factMANY witnessesdisbelieved by the court→ prove nothingtestes ponderantur, non numeranturwitnesses are weighed, not numbereda rule about NUMBER only — it does not lower the standard of proofa criminal charge must still be proved beyond reasonable doubt

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleNo minimum head-count to prove a fact

In one lineNo particular number of witnesses is required, in any case, to prove any fact — a single reliable witness can be enough.
a fact to be provedcivil or criminal casehowever seriousno fixed number ofwitnesses requiredone may sufficethe law sets no numerical bar to the proof of a fact
No particular number of witnesses shall in any case be required for the proof of any fact.no minimum number, for any fact…the provision is sweeping — ‘in any case’, ‘any fact’ — there is no rule requiring two, three or more witnesses.
ExampleA single eyewitness whom the court finds truthful can prove even a grave offence. The prosecution need not muster a minimum number of witnesses — one reliable account can be enough.
✗ Not this‘One witness can do’ does not mean any single witness will do. That witness must be reliable; the section removes a numerical requirement, it does not relax the need for credible proof.

weighed, not countedQuality decides — not a tally of heads

In one lineThe court judges the worth of the evidence, not its volume — testes ponderantur, non numerantur: witnesses are weighed, not numbered.
QUALITYone credible, consistentwitness → proofQUANTITY alonemany, but disbelieved→ no proofnumbers do not buy belief — credibility does
No particular number of witnesses shall in any case be required‘no particular number… required’because proof turns on persuasion, not arithmetic — the court is free to act on the evidence it believes.
ExampleTen witnesses who contradict each other and are disbelieved prove nothing; one calm, consistent witness the court trusts proves the fact. The count is irrelevant — belief is everything.
✗ Not thisThis is a rule about number, not about standard. It does not lower the standard of proof, and it yields where a special provision independently requires corroboration or a particular formality.

Connected provisions

§ 138 · back

Accomplice

A conviction may rest on a single accomplice’s evidence — the same ‘quality over quantity’ idea, tempered by prudence.

§ 140 · next

Order of examination of witnesses

The order of producing and examining witnesses follows the procedural codes — or the court’s discretion.

Chapter IX

Of Witnesses

Competency, privileges, and the examination of witnesses — see the chapter map.

lineage

IEA 1872, § 134

Carried forward — no particular number of witnesses is required to prove any fact.