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A witness who is unable to speak testifies by signs in open court with the required assistance and…

Section 125 treats the witness's evidence given in this way in open court as oral evidence. The section also requires the court to use an interpreter or special educator and…

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A witness who is unable to speak testifies by signs in open court with the required assistance and video recording. How does the Bharatiya Sakshya Adhiniyam, 2023 classify the testimony?

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Answer and explanation

Correct answer A

Section 125 treats the witness's evidence given in this way in open court as oral evidence. The section also requires the court to use an interpreter or special educator and to video record the statement when the witness cannot communicate verbally.

Option feedback

Option A

Section 125 expressly deems testimony given by signs in open court to be oral evidence.

Option B

The witness gives testimony. The method does not make it secondary proof of a document.

Option C

Section 125 puts the testimony in the oral-evidence class.

Option D

The communication method does not determine whether the testimony proves a fact directly or by inference.

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