Witness unable to communicate verbally.

What this section does

A witness who cannot speak may give evidence by writing, signs, or any other intelligible manner in open court, and such evidence is treated as oral evidence. Where a witness is unable to communicate verbally, the Court must take the assistance of an interpreter or special educator to record the statement, and the statement must be videographed.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Evidence given by a mute witness through writing, signs, or other intelligible means in open court is deemed oral evidence; verbal inability requires interpreter/special educator assistance and videography.

When it applies

• A deaf-mute witness communicates answers by sign language through a special educator in open court; this is treated as oral testimony.
• A witness who loses the power of speech due to injury writes answers on paper in open court; the written answers constitute oral evidence.

Derived from IEA s.119.