BSA §125
A witness who is unable to speak may give his evidence in.
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Comparison
1[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 video graphed.]
125. 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. Estoppel. Estoppel of tenant and of licensee of person in possession. Estoppel of acceptor of bill of exchange, bailee or licensee. Who may testify. Witness unable to communicate verbally.
What changedAI-inferred
Witness unable to communicate verbally.
Old position
IEA 119 is concerned with Witness unable to communicate verbally. 1[119
New position
BSA 125 preserves the framework with drafting modernisations as required by the new code. Topic: A witness who is unable to speak may give his evidence in.. 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
BSA 125 (A witness who is unable to speak may give his evidence in.) preserves the framework of IEA 119. BSA 125 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 125 text: A witness who is unable...
Editorial deltaAI-indicated (source-linked)
BSA 125 (A witness who is unable to speak may give his evidence in.) preserves the framework of IEA 119. BSA 125 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 125 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 119 continues to apply. For matters from that date forward, BSA 125 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 125 (A witness who is unable to speak may give his evidence in.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §119 → BSA §125 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/125.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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