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PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER IX OF WITNESSES

Section 125: Witness unable to communicate verbally

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 5 of our papers cite Section 125. Try these from the free papers:

  1. 1. Consider the following statements regarding a witness who is unable to speak, under Section 125 of the BSA: 1. Evidence given by such a witness by writing or by signs made in open Court is deemed to be documentary evidence. 2. 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. 3. A statement recorded with such assistance shall be videographed. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam