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Wednesday, April 17, 2019

Dumb witness short notes of Indian Evidence Act 1872

Q: Write short notes on Dumb witness 

Chapter IX of Evidence Act 1872 describes about the competency of witness. Section 118 talks about who may testify and section 119 talks about the competency of dumb witness( 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. Evidence so given shall be deemed to be oral evidence.

Essential conditions:

1. witness is  unable to speak

2. Evidenmce given by dumb witness must be given either by writing or by sign

3. Such writing or sign must be made in open court

4. Evidence given by such dumb witness shall be considered as oral evidence.

5. Evidence given by dumb witness shall be video graphed.

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