BSA Section 125 — Witness unable to communicate verbally

Summary

A witness who cannot speak may give evidence in any other way that makes it understandable, such as by writing or by signs. This writing or signing must be done in open Court, and evidence given in this manner is treated as oral evidence.

If the witness is unable to communicate verbally, the Court must take the help of an interpreter or a special educator when recording the statement, and the statement must be videographed.

Official Text

A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court and evidence so given shall be deemed to be oral evidence:

Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed.

Old <-> New Code Mapping

• IEA §119 — Witness unable to communicate verbally