Question: Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence? [U.P.A.P.O. 2002, CG.J.S. 2003] Find the answer to the mains question only on Legal Bites. [Is the evidence given by a person in writing in the open court who is unable to speak, oral… Read More »

Question: Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence? [U.P.A.P.O. 2002, CG.J.S. 2003] Find the answer to the mains question only on Legal Bites. [Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence?] Answer Section 119 of the Indian Evidence Act talks about the competency of dumb witnesses for testifying. The provision states that:...

Question: Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence? [U.P.A.P.O. 2002, CG.J.S. 2003]

Find the answer to the mains question only on Legal Bites. [Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence?]

Answer

Section 119 of the Indian Evidence Act talks about the competency of dumb witnesses for testifying. The provision states that: “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. The evidence so given shall be deemed to be oral evidence.”

However, in case a person can read and write, it is most desirable to adopt that method being more satisfactory than any sign language. The law requires that there must be a record of signs and not the interpretation of signs. Such a person though unable to speak may convey himself through writing, if literate or through signs and gestures if he is unable to read and write.

Therefore, such a witness, if able to read and write, is desirable to record his statement giving him questions in writing and seeking answers in writing.

To sum up, a deaf-mute’s evidence may be taken:

  1. by written questions to which he may reply in writing or
  2. by means of signs.

And in both the form of testifying, the evidence so given by a dumb witness shall be deemed to be oral evidence.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. Law of Evidence Mains Questions Series Part-I
  2. Law of Evidence Mains Questions Series Part-II
  3. Law of Evidence Mains Questions Series Part-III
  4. Law of Evidence Mains Questions Series Part-IV
  5. Law of Evidence Mains Questions Series Part-V
  6. Law of Evidence Mains Questions Series Part-VI
  7. Law of Evidence Mains Questions Series Part-VII
  8. Law of Evidence Mains Questions Series Part-VIII
  9. Law of Evidence Mains Questions Series Part-IX
  10. Law of Evidence Mains Questions Series Part-X
Updated On 2021-10-26T07:31:45+05:30
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