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

Section 125 allows a witness unable to speak to give intelligible evidence by writing or signs in open court and deems that evidence oral. If the witness cannot communicate…

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Under section 125 of the Bharatiya Sakshya Adhiniyam, 2023, a witness who cannot speak gives intelligible testimony by writing or signs in open court. How is that testimony deemed to be classified?

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Answer and explanation

Correct answer B

Section 125 allows a witness unable to speak to give intelligible evidence by writing or signs in open court and deems that evidence oral. If the witness cannot communicate verbally, the court takes the assistance of an interpreter or special educator to record the statement and has it videographed.

Option feedback

Option A

Section 125 classifies this testimony as oral evidence even when the witness communicates in writing.

Option B

Section 125 expressly deems testimony given in this manner in open court to be oral evidence.

Option C

Physical signs do not make the witness's testimony real evidence. The statute classifies it as oral evidence.

Option D

The statement is testimony given in a statutorily recognized manner, so it is not an informal submission.

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