Bharatiya 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.
Why this exists
Earlier Indian evidence law (Section 119 of the old Indian Evidence Act, 1872) already allowed witnesses who could not speak to testify through writing or signs. The Bharatiya Sakshya Adhiniyam, 2023 retained this principle but added a modern safeguard: when a witness cannot communicate verbally at all (such as persons with certain disabilities), courts must now involve trained interpreters or special educators and videograph the recording. This update reflects growing awareness of disability rights and the need for reliable, verifiable methods of taking testimony from witnesses who communicate differently.
Common misconceptions
- Myth: Evidence given through writing or signs is treated as weaker or less reliable than spoken testimony.
Fact: The law states such evidence 'shall be deemed to be oral evidence,' meaning it carries the same legal weight as spoken testimony. - Myth: Any friend or relative can act as an interpreter for a witness who cannot communicate verbally.
Fact: The law specifically requires the court to arrange an interpreter or special educator, ensuring qualified assistance rather than informal help.