Section 119 IEA: Witness unable to communicate verbally
Indian Evidence Act, 1872
Section 119 IEA at a Glance
Section 119 IEA deals with witness unable to communicate verbally. From 1 July 2024 it is replaced by Section 125 BSA.
Section 119 IEA Bare Act Text
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.
Source: Section 119, Indian Evidence Act, 1872
Section 119 IEA in Simple Words
Section 119 of the Indian Evidence Act, 1872 allowed a witness who could not speak to give evidence in court through other understandable ways. Instead of speaking aloud, the witness could communicate in any way that made the testimony intelligible (clear and understandable), such as through signs or writing.
When a witness used signs or writing, the signs had to be made in open court and the writing had to be written in open court. Testimony given in open court in this way was deemed (treated by the Act) to be oral evidence (spoken testimony given in court).
A proviso in Section 119 IEA added a rule for recording the statement if the witness could not communicate verbally (through spoken words). In that situation, the court had to use the help of a special educator or an interpreter while recording the statement, and the recorded statement had to be video graphed.
When Section 119 IEA Applies
- A witness who could not speak could give testimony in any other understandable way, including through signs or writing.
- Any signs or writing used by the witness had to be made or written in open court.
- Testimony given in this manner in open court was treated by the Act as oral evidence.
- 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.
Example of Section 119 IEA
Section 119 IEA in the BSA
Section 119 IEA is now covered under Section 125 BSA.
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.
View detailed comparison (IEA 119 vs BSA 125) →FAQs on Section 119 IEA
What is Section 119 IEA?▼
Section 119 of the Indian Evidence Act, 1872 allowed a witness who could not speak to give evidence in any understandable way, such as by signs made or writing written in open court, and treated that testimony as oral evidence. Its proviso required the court to use the help of a special educator or an interpreter and to have the statement video graphed when the witness could not communicate verbally.
How was evidence given by signs or writing treated under Section 119 IEA?▼
As oral evidence. When a witness who could not speak gave testimony through signs made in open court or writing written in open court, Section 119 IEA treated that testimony as oral evidence.
Where did the signs or writing have to be made under Section 119 IEA?▼
In open court. Under Section 119 IEA, the signs had to be made in open court and the writing had to be written in open court.
What did the proviso to Section 119 IEA require when a witness could not communicate verbally?▼
Assistance and video recording. Under the proviso to Section 119 IEA, the court had to use the help of a special educator or an interpreter while recording the statement, and the statement had to be video graphed.
What is Section 119 IEA in BSA?▼
Section 125 BSA. Section 119 IEA became Section 125 BSA on 1 July 2024 with no substantive change, only minor wording and spelling updates.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·