Section 119 Evidence Act | Madras High Court Lays Down Principles For Examining Witnesses Who Are Unable To Speak
Case: Ravichandran v. State
Coram: Justice Sunder Mohan
Case No: Crl.A.No.65 of 2020
Court Observation: “One may note that though the main part of Section 119 of the Indian Evidence Act speaks about witness who is unable to speak, the proviso that was incorporated in the year 2013 states about a witness who is unable to communicate verbally. As per section 119, if the witness is unable to speak, he may give evidence by writing or by signs. But, such writing must be written and the signs made in open Court and the evidence so given shall be deemed to be oral evidence. Since the language employed in the main part of the Section and in the proviso are different, they do not obviously convey the same meaning. A person can verbally communicate even if he is unable to speak. The Black’s Law dictionary defines ” Verbal, adj.(15c) 1. Of, relating to, or expressed in words”. Thus verbal communication in the context of Section 119 is by words in writing. Therefore, the proviso is applicable only to such category of persons who are unable to speak and unable to verbally communicate through writing. Therefore, it follows that it applies only to persons who give evidence by signs.”
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