Section 125 – Bharatiya Sakshya Adhiniyam (BSA) – Witness Unable To Communicate Verbally.

Code: Section 125 – Bharatiya Sakshya Adhiniyam (BSA)

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.

Explanation of Section 125 – Witness Unable To Communicate Verbally

Section 125 of the Bharatiya Sakshya Adhiniyam (BSA) deals with a scenario where a witness is unable to speak or communicate verbally due to physical or mental limitations. This provision ensures that even witnesses with communication barriers are not excluded from giving evidence in Court.

Key Highlights:

• A witness who cannot speak can still testify in court through alternative means.
• The witness may use writing or sign language to communicate their testimony.
• These methods of communication are considered equivalent to oral evidence.
• All written statements or signs must be presented in open Court.
• If necessary, the Court will appoint an interpreter or a special educator to assist the witness in giving their testimony.
• To ensure the authenticity and accuracy of the process, the witness’s statement is videographed.

Illustrations

Example 1: Testimony by a Mute Witness
A person who is mute due to a medical condition is a key witness in a robbery case. The witness writes down their account of the event in a notebook, and the Court records this as oral evidence. An interpreter assists the witness in understanding and responding to questions.

Example 2: Testimony Using Sign Language
A deaf individual is a witness in a domestic violence case. The witness uses sign language to communicate their statement, and the Court records this with the assistance of a special educator who translates the signs into the Court record.

Example 3: Videotaping the Statement
A witness who cannot speak due to a disability is questioned in court through written communication. The entire exchange, including the written statements and responses, is recorded on video to ensure clarity and preserve evidence.

Common Questions and Answers on Section 125 – BSA

1. Can a witness who cannot speak still testify in court?
   Yes. A person who cannot speak can still give evidence through writing or signs. This is considered valid oral evidence.
2. Is there any special procedure for recording the testimony of a non-verbal witness?
   Yes. The Court will appoint an interpreter or special educator to assist the witness. Additionally, the statement is videographed to preserve the evidence.
3. Does the use of writing or signs count as oral evidence?
   Yes. Under Section 125, evidence given through writing or signs in open Court is deemed to be oral evidence.
4. Can a mute witness write their testimony?
   Yes. A mute witness may write their statement, which is then accepted as valid evidence in Court.
5. Why is the witness’s statement videographed?
   The videography ensures that the entire process of testimony, including the use of writing or signs, is recorded accurately for legal purposes and future reference.

Conclusion

Section 125 of the Bharatiya Sakshya Adhiniyam (BSA) emphasizes inclusivity in the judicial process, ensuring that individuals with speech impairments or communication challenges can still provide testimony in Court. By using alternative communication methods, such as writing or signs, and with the help of interpreters or special educators, these witnesses can participate fully in legal proceedings. This provision strengthens the principles of justice, making the Court accessible to all witnesses, regardless of their communication abilities.

For further understanding and legal resources, visit ApniLaw.