Witness unable to communicate verbally
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 125, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 119 Witness unable to communicate verbally Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Questions about Section 125
What does Section 125 of the Bharatiya Sakshya Adhiniyam deal with?
Section 125 of the Bharatiya Sakshya Adhiniyam is headed "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;
How do I find court cases under Section 125 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 125, section 125 BSA, section 125 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bns 125 and bns 125a in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 125 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 119 (Witness unable to communicate verbally), so the judgments decided under that provision are the case law on this one.
When did Section 125 of the Bharatiya Sakshya Adhiniyam come into force?
Section 125 of the Bharatiya Sakshya Adhiniyam, cited as BSA 125, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.