125. 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.
BSA Section 125: Witness unable to communicate verbally
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 deals with witness unable to communicate verbally. It replaces Evidence Act 119 of the Indian Evidence Act, 1872.
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Text of BSA Section 125
Evidence Act sections replaced
- Evidence Act 119: Witness unable to communicate verbally
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