Gestures of dumb witness as confession

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.

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.