Section 125 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 125 – Bharatiya Sakshya Adhiniyam (BSA), 2023
1. Title and Purpose
Section 125 deals with witnesses who are unable to communicate verbally.
Its purpose is to ensure that persons who cannot speak due to disability, illness, or injury are not barred from giving evidence in court. The law recognizes that communication can occur through alternative means, and such evidence is treated as oral evidence.
2. Key Provisions
Non-verbal witnesses can testify:
A witness who cannot speak may give evidence by:
Writing answers
Using gestures or signs
Any other method that makes their testimony intelligible
Evidence in open court:
All evidence given by non-verbal witnesses must be presented in open court.
Use of assistance:
The court may provide:
An interpreter
A special educator or assistant
to help the witness communicate effectively.
Videography/recording:
The process of giving evidence may be recorded to ensure accuracy and transparency.
Classification:
Evidence given through these alternative methods is treated as oral evidence under the law. It is not considered hearsay or secondary evidence simply because it is not spoken.
3. Legal Principles
(a) Competency
A witness does not lose competency merely because they cannot speak.
The law ensures that everyone can testify if they are capable of communicating their knowledge by any intelligible means.
(b) Admissibility
Evidence is admissible as long as it is intelligible, given in open court, and the witness is able to communicate clearly.
(c) Safeguards
The court ensures:
The witness understands the questions.
The answers are accurately recorded.
The witness has a fair opportunity to participate.
4. Illustrative Examples
Deaf and mute witness:
A witness cannot hear or speak.
Testimony is given through sign language, interpreted by an expert appointed by the court.
The testimony is recorded and treated as oral evidence.
Writing testimony:
A witness with a throat injury writes responses on paper in open court.
The written answers are read out and recorded.
The testimony is admissible as oral evidence under Section 125.
5. Importance in the Justice System
Inclusivity: Ensures that people with speech disabilities are not excluded from the legal process.
Fair trial: Protects the rights of the witness and the accused by ensuring evidence is properly recorded and can be tested.
Reliability: Alternative communication methods are recognized as equivalent to oral testimony if properly conducted.
6. Summary Table
| Feature | Explanation |
|---|---|
| Who it applies to | Witnesses unable to speak |
| Communication methods | Writing, gestures, signs, other intelligible means |
| Assistance by Court | Interpreter or special educator |
| Recording | Evidence should be accurately recorded (videography or notes) |
| Legal status | Treated as oral evidence |
| Goal | Ensures inclusivity and fair trial rights |
7. Key Takeaways
Section 125 ensures that disability does not bar testimony.
Evidence must be intelligible, properly recorded, and presented in open court.
This section reflects modern principles of accessibility and fairness in judicial proceedings.
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