Recording of evidence of deaf and dumb witness

Recording evidence of a witness who is deaf and dumb.

While examining a deaf and dumb witness, following steps should be taken by the learned trial Courts: 

 To ascertain whether such a witness possesses the requisite amount of intelligence;  

 Whether he understands the nature of oath;  

 Trial Court is also required to record his satisfaction to that effect;  

 The trial Court is required to ascertain, if the witness either by writing or sign can make intelligible of what he has to speak;  

 If he is able to communicate his statement perfectly by writing, it will be more satisfactory method of taking evidence;  

 When such a witness is unable to write, then he can make sign showing what he wants to say;  

 If it is by signs, those signs must be recorded by the learned trial Court and not only the interpretations of those signs;  

 It is necessary to enable the appellate Court to know whether the interpretation of the sign is correct or not;  

 It is not safe for a trial Court to embark upon the examination of a deaf and dumb person on his own without help of an expert or a person familiar with his mode of conveying ideas to others in day to day life; 

 The interpreter should not be a interested person, who had participated in the investigation and who is a witness in the same trial;  

 Interpreter should be a person of the same surrounding but should not have any interest in the case and he should be administered oath;

PLJ 2022 CrC 1365