Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence?

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.

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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
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