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SP2000..... (.)     17 August 2008

Gestures of dumb witness as confession

Hello all,


 


My question is as follows;


 


Can gestures of a dumb witness and subsequent recovery on the basis of these gestures be called Confession under the Indian Evidence Act?



If so, is this confession relevant?



Learning

 2 Replies

manu (advocate)     17 August 2008

yes,


dumb accused can make confession through signs or gestures.


but what is conveyed is to be recorded by the police.


now police need not prpare mahazar when recording the conessional statement. but they must prepare mahazar during the recovery on the basis of such confessions.


under this practice there is every possibility that police might fix an innocent in the case.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 August 2008

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 shal be deemed to be oral evidence.


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