Indian evidence act, 1872

1. Name- Divya Verma
Class- LL.M

2.  Sec 119 of Indian Evidence Act.
 DUMB :A person who is not able to speak due
to any physical deformity.
 DUMB WITNESS : the person who is not able
to speak can gave his evidence in any other
manner in which he can make it intelligible.
1. By writing
2. By signs(oral evidence)
(writing & signs must be made in open court)

3.  Whether the evidence given by dumb person is
admissible or not?
o Every person is competent to give evidence if
he satisfy the test of being able to understand
the questions which are put to him and he is in
position to answer.
 Any person who testify child , deaf and dumb
person can give evidence.
 Earlier deaf and dumb persons are considered
idiot and were not competent to give evidence.

4.  As per sec 119 , “ A witness who is unable to
speak may give evidence in any manner in
which he can make it intelligible as by writing
or by signs but such writing must be written
and signs must be made in open court”.
 If the witness is unable to communicate
verbally the court shall take the assistance of
interpreter or a special educator.

5. 1. Samaidin v/s King Emperor
Dumb witness if not able to understand the
question which are asked from him then his
gestures would not be considered as evidence.
2. Dajakati v/s State of Karnatka
In case of deaf and dumb witness both the
interpreter and witness have to administer oath
before recording the evidence of such witness.

6. 3. Subhar Musa Alib v/s State of Gujarat
Where the victim of assault lost the power of
speech and the evidence he made signs in respect
of same question but not of all questions, it was
held that recording interpretations of signs is
proper compliance with sec 119.
4. State of Rajasthan v/s Darshan Singh
The law requires that there must be a record of
signs and not the interpretation of signs.

7.  THANK YOU