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CHAPTER IX.––OF WITNESSES

Section 119: Witness unable to communicate verbally

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

1[A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence:

Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be video graphed.]

Footnotes in the official text

  1. 1.Subs. by Act 13 of 2013, s. 27 for s. 119 (w.e.f. 3-2-2013).

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

119. Witness unable to communicate verbally.BSA 125

Questions on this section

1 question in 5 of our papers cite Section 119. Try these from the free papers:

  1. 1. Consider the following statements regarding a witness who is unable to speak, under Section 125 of the BSA: 1. Evidence given by such a witness by writing or by signs made in open Court is deemed to be documentary evidence. 2. If the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement. 3. A statement recorded with such assistance shall be videographed. Which of the statements given above is/are correct?

Practise questions on Criminal Law