Witness unable to communicate verbally
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Summary
A witness who cannot speak may give evidence by writing or by signs that make their meaning clear, but the writing and signs must be made in open court. Such evidence is treated as oral evidence. If the witness cannot communicate verbally, the court must take the help of an interpreter or a special educator and videotape the statement.
Example
Priya is mute after an accident and cannot speak. At her trial she writes her account in open court and uses a sign interpreter; the court records the testimony on video, and her written and signed 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, 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 video graphed.
1 Criminal Law (Amendment) Act, 2013
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