Section 125 Bharatiya Sakshya Adhiniyam, 2023: Witness unable to communicate verbally

Section 125 of Bharatiya Sakshya Adhiniyam, 2023: Witness unable to communicate verbally

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 125

Section 125 provides that a witness who is unable to speak may give their evidence in any other manner in which they can make it intelligible, such as by writing or by signs made in open Court, treating such evidence as oral evidence.

Inclusive Communication Modes: Admits evidence given by mute or speech-impaired witnesses through: (1) writing in open court, (2) sign language, or (3) recognized interpretation.
Video Recording Mandate: Expressly mandates that where signs are used, the proceedings shall be video recorded, ensuring visual record integrity.
Treated as Oral Evidence: Evidence written in open court or interpreted through signs is statutorily classified as oral evidence under Section 54 BSA.

Key Landmark Precedents:

State of Rajasthan v. Darshan Singh (2012) 5 SCC 789: The Supreme Court held that the testimony of a deaf and mute witness recorded through signs and interpreted by an expert under Section 119 IEA (Section 125 BSA) is fully admissible and credible.
Chhotu v. State of Maharashtra (1997) 9 SCC 272: Affirmed that if a mute witness can read and write, writing in open court is the preferred mode of examination.

Courtroom Practice & Strategic Litigation Guidance:

When examining a speech-impaired witness, move an application under Section 125 BSA to engage a certified sign-language interpreter from a recognized institute, and request the court to arrange mandatory video recording of the testimony.