• Importance Of S 118 In Evidence Activities

Evidence can be described as the material placed before a Court for the purpose of assisting a Judge to reach a decision in the matter. A Judge’s decision is limited to the evidence placed before them, therefore it is important that a party provide as much relevant evidence as possible to support their case. The common law of privilege concerning confidential communications passing between a client and a legal adviser is now largely absorbed by and reflected in the Act, ss 118 and 119: S Odgers, Uniform Evidence Law, 13th edn at EA.118.60.

Dumb witnesses:

Importance Of S 118 In Evidence Activities

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.

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ADVERTISEMENTS:

Comments:

The dumb witness is one who is unable to speak due to physical deformity. Section 119 applies only to those cases when the witness is deaf and mute or a person who has taken a religious van of silence. In case of such witness the evidence may be taken by means of written questions-answers techniques or by recording signs. The evidence given shall be deemed to be oral evidence. “The reception of the evidence of such person rests on the ground of expediency.”

The court while recording the evidence of dumb witness, must record both signs as well as the interpretations of the interpreter and then only it becomes admissible under the Indian Evidence Act.