Section 125 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 125 โ Witness Unable to Communicate Verbally
Text:
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.(legitquest.com)
๐งพ Detailed Explanation
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023, addresses the situation where a witness is unable to communicate verbally. It provides that such a witness may still give evidence in a manner that makes it intelligible, such as through writing or signs. However, the writing must be done and the signs must be made in open court. Evidence given in this manner is considered oral evidence.
Additionally, the section mandates that if a witness cannot communicate verbally, the court must assist by providing an interpreter or a special educator to record the statement. Furthermore, the statement must be videographed to ensure accuracy and authenticity.(sudhirrao.com)
โ๏ธ Legal Significance
Ensures Inclusivity: This provision ensures that individuals who are unable to speak are not excluded from participating in legal proceedings, thereby upholding the principle of equal access to justice.
Maintains Evidence Integrity: By requiring that such evidence be recorded in open court and videographed, the section helps maintain the integrity and authenticity of the evidence presented.
Facilitates Fair Trials: The assistance of interpreters or special educators ensures that the witness's testimony is accurately recorded and understood, contributing to a fair trial process.
๐งญ Practical Application
In practice, when a witness is unable to communicate verbally:
Courtroom Procedure: The witness may write their testimony or use signs to convey their statement.(lawx.in)
Assistance: An interpreter or special educator is provided to facilitate communication and ensure the witness's statement is accurately recorded.
Recording: The entire process is videographed to preserve the testimony and prevent any disputes regarding the witness's statement.
This approach ensures that all individuals, regardless of their ability to speak, can participate in legal proceedings and have their testimonies considered.
Section 125 exemplifies the legal system's commitment to inclusivity and fairness, ensuring that every individual has the opportunity to contribute to the pursuit of justice.
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