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A witness unable to speak gives evidence by writing in open court under section 125 of the Bharatiya…

A witness unable to speak can communicate by writing or signs in open court. Section 125 deems the evidence oral. When the witness cannot communicate verbally, the court…

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A witness unable to speak gives evidence by writing in open court under section 125 of the Bharatiya Sakshya Adhiniyam, 2023. How is the evidence classified?

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Answer and explanation

Correct answer A

A witness unable to speak can communicate by writing or signs in open court. Section 125 deems the evidence oral. When the witness cannot communicate verbally, the court must use an interpreter or special educator to record the statement, and the statement must be videographed.

Option feedback

Option A

Section 125 deems evidence given in this manner to be oral evidence.

Option B

Writing is the method by which the witness communicates testimony; the statute deems the testimony oral.

Option C

The use of writing does not itself make the testimony hearsay.

Option D

The testimony is not offered as substitute proof of an original document.

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