SC: IS DEAF AND DUMB PERSON COMPETENT WITNESS? Section 119 of Evidence Act provides that witness may give his evidence in any manner in which he can make it intelligible, as by writing or by signs and such evidence can be deemed to be oral evidence within the meaning of Section 3. In view of S. 119 even a deaf and dumb person is a competent witness. When a deaf and dumb person is examined in the Court, the Court has to exercise due caution and take care to ascertain before he is examined that he possesses the requisite amount of intelligence and that he understands the nature of an oath. On being satisfied on this, the witness may be administered oath by appropriate means and that also be with the assistance of an interpreter. In case the witness is not able to read and write, his statement can be recorded in sign language with the aid of interpreter, if found necessary. In case the interpreter is provided, he should be a person of the same surrounding but should not have any interest in the case and he should be administered oath. However, in case a person can read and write, it is most desirable to adopt that method being more satisfactory than any sign language. The law requires that there must be a record of signs and not the interpretation of sings. Reference : SC. State of Rajasthan v. Darshan Singh alias Darshan Lal, criminal appeal no. 870 of 2007. [JT 2012 (5) SC 229 = (2012) 5 SCC 789 = 2012 AIR(SCW) 3036]
Posted on: Tue, 23 Jul 2013 16:45:26 +0000
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