Section 125 BSA 2023: Witness Unable to Communicate Verbally
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 explains how a witness who cannot speak or communicate verbally may give evidence in Court and how that evidence is to be recorded.
What does Section 125 of the Bharatiya Sakshya Adhiniyam provide?
Section 125 - Witness unable to communicate verbally.
A witness who is unable to speak may give evidence in another intelligible manner, including by writing or by signs. The writing must be written and the signs must be made in open Court. Evidence given in this manner is treated as oral evidence.
Where the witness is unable to communicate verbally, the Court is required to take the assistance of an interpreter or a special educator while recording the statement, and the statement must be videographed.
The paragraph above is a plain-language explanation. For the authoritative statutory wording, refer to the official text linked below.
Meaning and legal effect of Section 125
Section 125 ensures that a person is not excluded from giving evidence merely because the person cannot speak or cannot communicate verbally in the ordinary manner. The provision recognises alternative modes of communication and places procedural safeguards around the recording of such evidence.
- Writing and signs are permitted: the witness may communicate through writing, signs, or another intelligible method.
- The communication must occur in open Court: where writing or signs are used, they are to be made in open Court as part of the evidentiary process.
- The evidence is treated as oral evidence: the law expressly gives evidence communicated in this manner the status of oral evidence.
- Interpreter or special educator: if the witness is unable to communicate verbally, the Court must take appropriate assistance while recording the statement.
- Videography is mandatory: the recorded statement is required to be videographed.
Purpose of the provision
The purpose of Section 125 is to make the process of giving evidence accessible while preserving the reliability and transparency of the Court record. The use of an interpreter or special educator helps the Court understand the witness accurately, while videography provides an additional record of how the statement was communicated.
Section 125 BSA and the earlier Indian Evidence Act
Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds broadly to Section 119 of the Indian Evidence Act, 1872, which also dealt with a witness unable to communicate verbally. The BSA continues the substantive mechanism of permitting evidence through writing or signs and retaining the safeguards concerning interpreter or special educator assistance and videography.
| Subject | Bharatiya Sakshya Adhiniyam, 2023 | Earlier Indian Evidence Act, 1872 |
|---|---|---|
| Witness unable to communicate verbally | Section 125 | Section 119 |
| Writing or signs in open Court | Recognised | Recognised |
| Evidence deemed oral evidence | Yes | Yes |
| Interpreter or special educator | Required where applicable | Required where applicable |
| Videography of statement | Required | Required under the amended provision |
When did the Bharatiya Sakshya Adhiniyam come into force?
The Bharatiya Sakshya Adhiniyam, 2023 received Presidential assent on 25 December 2023. By notification of the Central Government, its provisions came into force on 1 July 2024.
Official legal sources
The official Act and commencement notification should be consulted for authoritative legal text and current statutory status.
Frequently asked questions
Can a witness who cannot speak give evidence?
Yes. Section 125 permits such a witness to give evidence by writing, signs, or another intelligible mode of communication, subject to the procedure stated in the section.
Is evidence given through writing or signs treated as oral evidence?
Yes. Section 125 expressly provides that evidence given in the manner contemplated by the section is deemed to be oral evidence.
Is an interpreter mandatory?
Where the witness is unable to communicate verbally, the Court is required to take the assistance of an interpreter or a special educator while recording the statement.
Must the statement be videographed?
Yes. The proviso to Section 125 requires the statement recorded with the assistance of an interpreter or special educator to be videographed.
Which provision of the old Indian Evidence Act dealt with the same subject?
The corresponding provision was Section 119 of the Indian Evidence Act, 1872.