This issue is covered directly under Section 119 of the Evidence Act, which is reproduced below:
“119. 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:
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.”
Therefore, a dumb person is equally competent to be a witness in a court and his evidence will be recorded by court in accordance with the provisions of above section, and he can give his evidence in an intelligible manner, such as by writing or by signs and such evidence may have to be videographed.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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