Section 125 BSA: Witness unable to communicate verbally

Bharatiya Sakshya Adhiniyam, 2023

Section 125 BSA at a Glance

Section 125 BSA deals with witness unable to communicate verbally. It replaced Section 119 IEA on 1 July 2024.

Was IEA

Section 125 BSA Bare Act Text

125. Witness unable to communicate verbally
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.

Source: Section 125, Bharatiya Sakshya Adhiniyam, 2023

Section 125 BSA in Simple Words

Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 allows a witness who cannot speak to give evidence in court through other understandable ways from 1 July 2024. The witness may give testimony in any manner that makes it intelligible (clear and understandable), such as through signs or writing.

When a witness uses signs or writing, the signs must be made in open court and the writing must be written in open court. Testimony given in this way in open court is deemed (treated by the Adhiniyam) to be oral evidence (spoken testimony given in court).

A proviso in Section 125 BSA sets out how the statement is recorded if the witness cannot communicate verbally (through spoken words). In that case, the court must use the help of a special educator or an interpreter when recording the statement, and the recorded statement must be videographed.

When Section 125 BSA Applies

A witness who cannot speak may give testimony in any other understandable way, including through signs or writing.
Any signs or writing used by the witness must be made or written in open court.
Testimony given in this manner in open court is treated by the Adhiniyam as oral evidence.
Under the proviso, if a witness cannot communicate verbally, the court must get help from a special educator or an interpreter to record the statement and have the statement videographed.

Example of Section 125 BSA

In November 2024, Priya, who cannot speak, sees a robbery at a shop in Chennai and appears in court as a witness. Priya gives testimony about the incident by making signs in open court. Because the witness cannot communicate verbally, the court records the statement with the help of a special educator and has the statement videographed. Under Section 125 BSA, the testimony given by Priya about the shop robbery counts as oral evidence.

Section 125 BSA in the IEA (Previous Law)

Section 125 BSA replaces Section 119 IEA from the old criminal code.

Section 119 of the Indian Evidence Act, 1872 became Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Spelling only, including "videographed", with one "and" added.

View IEA Section 119 →Compare IEA 119 vs BSA 125 →

FAQs on Section 125 BSA

What is Section 125 BSA?▼

Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 allows a witness who cannot speak to give evidence in any understandable way, such as by signs made or writing written in open court, and treats that testimony as oral evidence. Its proviso requires the court to use the help of a special educator or an interpreter and to have the statement videographed when the witness cannot communicate verbally.

Does Section 125 BSA treat evidence given by signs or writing as oral evidence?▼

Yes. When a witness who cannot speak gives testimony through signs made in open court or writing written in open court, Section 125 BSA treats that testimony as oral evidence.

Must the signs or writing be made in open court under Section 125 BSA?▼

Yes. Section 125 BSA requires that the signs be made in open court and the writing be written in open court.

What does the proviso to Section 125 BSA require for a witness who cannot communicate verbally?▼

Assistance and video recording. Under the proviso to Section 125 BSA, the court must use the help of a special educator or an interpreter when recording the statement, and the statement must be videographed.

What is Section 125 BSA in IEA?▼

Section 119 IEA. Before 1 July 2024, the same rule stood in Section 119 IEA, with no substantive change and only minor wording and spelling updates.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·