Correct option is A
Sol. According to Section 119 of the Indian Evidence Act, 1872, when a witness is unable to speak due to a physical disability, they can give their evidence in writing, or by any other means through which they can communicate with the court. The evidence provided by such a witness is treated as oral evidence. The law recognizes the method of communication adopted by the witness as equivalent to spoken words, even though the witness is not physically speaking. This is done to ensure that the witness's inability to speak does not hinder the administration of justice. The key focus is on the fact that the evidence is being presented in court and can be understood by all parties, making it equivalent to oral testimony.
Information Booster
Oral evidence, as defined under the Indian Evidence Act, refers to all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry. The law emphasizes the importance of the mode of communication rather than the physical act of speaking. In cases where a witness cannot speak, the law provides alternative methods to ensure that the witness's testimony is still considered as oral evidence. This reflects the flexibility of the law in accommodating individuals with disabilities, ensuring that their rights and ability to participate in the judicial process are upheld.
Additional Knowledge
· (b) Secondary evidence: This refers to evidence that is not the original document but is a copy or reproduction of it. Secondary evidence can include certified copies, copies made by mechanical processes, or oral accounts of the contents of a document. It is generally admissible when the original document is unavailable for certain legitimate reasons. In the case of a witness who cannot speak, the evidence provided by them is not secondary but is considered primary and oral.
· (c) Primary evidence: Primary evidence is the original document itself produced for the inspection of the court. It is the best form of evidence as it provides the most direct proof of the content in question. In the scenario given, the evidence provided by the mute witness in writing is not categorized as primary evidence because it is not about a document’s contents but about the facts the witness is testifying to.
· (d) Documentary evidence: Documentary evidence refers to any evidence introduced at a trial in the form of documents. This includes written documents, contracts, wills, and other similar items that serve as evidence of a fact or an event. The written evidence provided by a mute witness does not fall under this category as it is considered equivalent to oral testimony, not a document serving as evidence of its contents.
