Bharatiya Sakshya Adhiniyam, 2023 · Section 125

BSA 125: earlier IEA 119

Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 119 of the Indian Evidence Act, 1872. BSA 125 deals with witness unable to communicate verbally. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 125 was IEA 119.

Witness unable to communicate verbally.

Carried over
Old wording kept in full
Old · IEA 1872 · Ch. IX
s. 119
Witness unable to communicate verbally
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.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. IX
s. 125
Witness unable to communicate verbally.
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 and 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.
Text from India Code

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