Correct option is B
According to Section 119 of the Indian Evidence Act, 1872, if a witness is unable to speak, they can give their testimony in writing or by other means such as sign language in the open court. The testimony given in this manner is treated as oral evidence. The law treats this type of testimony as oral evidence because it is the witness's direct communication of facts, even though it is conveyed in writing or by signs. The primary focus is on the directness of the communication, not the medium through which it is delivered.
Information Booster
Section 119 of the Indian Evidence Act, 1872 specifically deals with the deposition of witnesses who are unable to speak. It states that a witness who is unable to speak may give evidence by writing or through signs, and such evidence shall be considered as oral evidence if it is communicated in a manner that is understandable to the court.
This provision allows for inclusivity in the judicial process by accommodating witnesses who are unable to speak, ensuring that they can still present their testimony effectively.
Key Points:
1. Oral evidence includes any direct communication of facts, whether spoken, written, or through signs, when presented in court.
2. Written evidence by a witness unable to speak in court is treated as oral evidence because it represents their firsthand knowledge of the facts.
3. The court must ensure that the evidence is intelligible and accurate, regardless of the medium through which it is conveyed.
Additional Knowledge
(a) Documentary evidence
Documentary evidence refers to any documents presented in court as evidence, such as contracts, letters, or records. It differs from oral evidence in that it pertains to physical or digital documents. A witness’s written testimony in the open court when they are unable to speak is not classified as documentary evidence, as the communication is personal and direct.
