Section 119 Evidence Act - Witness Unable to Communicate Verbally
A witness who cannot speak is not disqualified from giving evidence. Indian evidence law permits communication through writing, signs and other intelligible means, with safeguards for accurate recording and accessibility.
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023
Section 125, titled Witness unable to communicate verbally, provides that a witness unable to speak may give evidence by any intelligible method, including writing or signs. Writing and signs must be made in open court, and evidence given in this way is treated as oral evidence.
Its proviso requires the court to take assistance from an interpreter or special educator when a witness cannot communicate verbally, and to have the statement videographed.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF), Chapter IX, Section 125.
Section 119 of the Indian Evidence Act, 1872
The former Section 119, also titled Witness unable to communicate verbally, provided substantially the same protection. It stated that a witness unable to speak could make evidence intelligible through writing or signs made in open court, which would be deemed oral evidence. Its proviso required an interpreter or special educator and videography when the witness could not communicate verbally.
The provision was substituted by Section 27 of the Criminal Law (Amendment) Act, 2013 (Act 13 of 2013), with effect from 3 February 2013. The historical text remains relevant to proceedings preserved under the transition provisions.
Meaning and legal effect
1. Communication other than speech
A person may communicate evidence through writing, signs or another method that enables the court to understand the testimony. Inability to speak does not, by itself, establish that a person is incompetent to testify.
2. Evidence in open court
When evidence is given through writing or signs, Section 125 requires those acts to take place in open court. Such evidence is legally deemed oral evidence, despite the absence of spoken words.
3. Interpreter or special educator
Where the witness is unable to communicate verbally, the statutory proviso directs the court to obtain assistance from an interpreter or special educator for recording the statement. The assistance should support faithful communication rather than substitute another person's account for the witness's own evidence.
4. Videography of the statement
The proviso also requires videography. This helps preserve how the witness communicated and how the statement was recorded.
Practical illustrations
Example 1: A witness who cannot speak writes answers in open court. Subject to the statutory requirements, the written answers are treated as oral evidence.
Example 2: A witness uses signs to describe an event. The court takes the required assistance and videographs the statement.
Example 3: A witness has difficulty speaking but understands questions and can answer intelligibly by another method. The inability to speak alone does not make the witness incompetent.
Related provisions
Section 124 BSA (formerly Section 118, Indian Evidence Act) concerns who is competent to testify. Competency focuses on the ability to understand questions and give rational answers, not merely the ability to speak. Section 126 BSA (formerly Section 120) concerns competency of spouses and parties in specified proceedings.
For related articles, see Section 118 - Who may testify and Section 120 - Parties and spouses as witnesses.
Repeal and pending proceedings
The BSA repealed the Indian Evidence Act, 1872 from 1 July 2024. Section 170 of the BSA contains savings for proceedings and matters pending immediately before commencement. The correct law must therefore be identified from the procedural history and the statutory savings provision rather than from the date of testimony alone.
Frequently asked questions
Can a witness who cannot speak give evidence in India?
Yes. Section 125 BSA permits evidence by writing, signs or another intelligible manner, subject to its requirements.
Is sign-based evidence considered oral evidence?
Yes. The section expressly deems evidence given through writing or signs in open court to be oral evidence.
Is videography required?
Yes. Where the proviso applies to a witness unable to communicate verbally, the statement must be videographed and the court must obtain assistance from an interpreter or special educator.
What replaced Section 119 of the Indian Evidence Act?
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding current provision.
This article is general legal information. The statutory text and applicable court directions should be consulted for an individual case. Updated: 20 October 2026.