IEA 119→BSA 125

IEA 119 to BSA 125: Witness unable to communicate verbally

Section 119 IEA (1872) replaced by Section 125 BSA (2023)

View IEA Section 119 →View BSA Section 125 →

IEA 119 to BSA 125 at a Glance

Section 119 IEA (Witness unable to communicate verbally) is now Section 125 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 119 to BSA 125?

Section 119 of the Indian Evidence Act, 1872 became Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Spelling only, including "videographed", with one "and" added.

IEA 119 vs BSA 125: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section119125
HeadingWitness unable to communicate verballySame

IEA 119 and BSA 125: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 119, IEA 1872

119. Witness unable to communicate verbally.—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.
BSA 2023 (in force)

Section 125, BSA 2023

125. Witness unable to communicate verbally.—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 and 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 videographed.

When It Applies: IEA 119 vs BSA 125

Under IEA 119
  1. A witness who could not speak could give testimony in any other understandable way, including through signs or writing.
  2. Any signs or writing used by the witness had to be made or written in open court.
  3. Testimony given in this manner in open court was treated by the Act as oral evidence.
  4. Under the proviso, if a witness could not communicate verbally, the court had to get help from a special educator or an interpreter to record the statement and have the statement video graphed.
Under BSA 125
  1. A witness who cannot speak may give testimony in any other understandable way, including through signs or writing.
  2. Any signs or writing used by the witness must be made or written in open court.
  3. Testimony given in this manner in open court is treated by the Adhiniyam as oral evidence.
  4. Under the proviso, if a witness cannot communicate verbally, the court must get help from a special educator or an interpreter to record the statement and have the statement videographed.

What IEA 119 to BSA 125 Means in Practice

Section 119 IEA became Section 125 BSA on 1 July 2024 with no substantive change, only minor spelling and wording updates. The same rule applies in court, and a party or witness should cite Section 125 BSA for matters governed by the Adhiniyam.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·