What Is BSA Section 125?

Bhartiya Sakshya Adhiniyam, 2023 - Section 125: 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 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.

Brefe Detail

This section addresses the situation where a witness is unable to communicate verbally. It allows such witnesses to provide their evidence through alternative means, such as writing or using signs, as long as these methods occur in open Court. The evidence given in this manner is considered oral evidence. Additionally, if necessary, the Court can employ an interpreter or a special educator to assist in recording the statement, which will also be videographed for record-keeping.

Question & Answers

Q1: What can a witness do if they are unable to speak?

A witness who cannot speak may give their evidence through writing or signs, as long as it is done in open Court.

Q2: How is the evidence provided by a non-verbal witness categorized?

The evidence given by a non-verbal witness through writing or signs is deemed to be oral evidence.

Q3: What assistance does the Court provide for witnesses who cannot communicate verbally?

The Court will take the assistance of an interpreter or a special educator to help record the witness's statement.

Q4: Are the statements made by non-verbal witnesses recorded?

Yes, the statements made by such witnesses are to be videographed for documentation.

Example

1. Case Example: A witness with a speech impairment uses a whiteboard to write their testimony during a trial. This writing is done in open Court and is accepted as oral evidence.

2. Legal Application: In a case involving a deaf witness, the Court employs a sign language interpreter to facilitate communication, ensuring that the witness's statement is accurately recorded and videographed.

Summary

Section 125 of the Bhartiya Sakshya Adhiniyam, 2023 allows witnesses who cannot speak to provide their testimony through alternative methods like writing or signs. This evidence is treated as oral evidence, and the Court ensures proper assistance through interpreters or special educators to facilitate accurate recording, including videography of the statements.