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Under section 125 of the Bharatiya Sakshya Adhiniyam, 2023, a witness who cannot speak gives testimony…

Section 125 deems testimony given in this manner to be oral evidence. If the witness cannot communicate verbally, its proviso requires assistance from an interpreter or…

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Under section 125 of the Bharatiya Sakshya Adhiniyam, 2023, a witness who cannot speak gives testimony by writing in open court. How does the section classify that testimony?

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Answer and explanation

Correct answer D

Section 125 deems testimony given in this manner to be oral evidence. If the witness cannot communicate verbally, its proviso requires assistance from an interpreter or special educator and videography of the statement.

Option feedback

Option A

Section 125 expressly treats the testimony as oral evidence.

Option B

The testimony is classified as oral evidence, regardless of the fact that it is written.

Option C

Section 125 expressly deems the written testimony given in open court to be oral evidence.

Option D

Written testimony given in open court under section 125 is deemed oral evidence.

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