Section 119 Indian Evidence Act

IEA 119 : Section 119 of the Indian Evidence Act 1872:

Dumb witnesses –

1[“119. 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 videographed.”.]

COMMENTS

Where the witness is dumb, recording of his evidence should be of his signs and not interpretation of signs; Prakash Chand v. State of Himachal Pradesh, 1999 (1) Crimes 675 (HP).

Inserted by Section 119 of “The Criminal Law (Amendment) Act, 2013″

India's Important Case Laws and Landmark Judgments on IEA - Section 119 Indian Evidence Act 1872:

Dilawarsab Alisab Jakati vs State Of Karnataka By Its State on 18 February, 2005 - Karnataka High Court 

Khaleel Beig vs Sk. Mothi Begum on 22 July, 2005 - Andhra High Court 

Rajesh Kumar And Anr. vs State Of H.P. on 14 March, 2007 - Himachal Pradesh High Court 

Tahsildar Singh And Another vs The State Of Uttar Pradesh on 5 May, 1959 - Supreme Court of India 

Date Of Decision: 1St November vs State Of Haryana on 1 November, 2011 - Punjab-Haryana High Court 

State Of Rajasthan vs Darshan Singh @ Darshan Lal on 21 May, 2012 - Supreme Court of India 

Godrej Soap Ltd. vs State on 28 July, 1989 - Calcutta High Court 

Darshan Singh Alias Darshan Lal vs The State Of Rajasthan on 29 May, 2006 - Rajasthan High Court 

Ramesh Hilal Ahire vs The State Of Maharashtra on 13 June, 2012 - Bombay High Court 

Smt. Pushpavathi vs Shivayogayya S/O Siddaramayya on 2 April, 2013 - Karnataka High Court