Witness unable to communicate verbally
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Summary
A witness who cannot speak may give evidence by any intelligible means such as writing or signs, and those writings or signs must be produced in open court. Evidence given this way is treated as oral evidence. If the witness cannot communicate verbally, the court will use an interpreter or a special educator to record the statement and will videograph the recording.
Example
Priya is deaf and cannot speak but saw a theft at a neighbourhood shop. In court she writes her account and makes signs in open court, assisted by a special educator who helps record it. The court videographs the recording, and the written/sign evidence is treated as oral evidence.
Bare Act
Enacted textA 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.
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