Can deaf and dumb individuals be a witness before the Court of justice?

Deaf and dumb refer to a person who hasn't the ability to hear and speak. We can see people like these in our society, who can not speak & hear but understand everything. Their understanding capability is so intelligent.

Section 118 of the evidence act, 1872 gives importance to the capability of understanding a fact and answering the question regarding that fact. It allows all the people to be witnesses except those who have diseases that will affect their state of mind or body, unsound person, or any other reason for which he has lost their capability of understanding and answering or presenting.

Section 119 of the evidence act, 1872 mentioned the provision of dumb withness. It says A witness who cannot speak may give his evidence in any other manner in which he explains his word before the Court, such as by writing or by signs before the open Court.

Evidence given by a dumb witness shall be deemed to be oral evidence.

In the case of the dumb witness, they may make a statement in writing or using signs according to section 118, but in the case of a witness who is both deaf and dumb, no provision was made in the evidence act, 1872.

But according to various cases, a Deaf and dumb witness can be examined before the Court and deemed to be a witness if he can understand and answer his opinion or represent the fact before the Court.

According to the case Darshan Singh v. State of Rajasthan, 2012, 

Before examining a deaf and dumb person in the Court, the Court must take necessary caution and take care that he has the understanding capability to understand a fact and present it before the Court. Also, He understands the nature of the oath taken by the Court. 

However, if a person can read and write, it is most desirable to adopt a more satisfactory method than any manner or sign language. Law also requires that all the signs will be recorded and not the meaning of the sign.

I have a neighbor named Md. Sirazul Islam is unable to talk and hear from his childhood. But he is leading his life with his family. He always follows modern fashion and fits with this. He is married and has a healthy son. He works as a tailor and earns enough money to lead his life. Generally, he uses sign language to communicate with his customers and others.  Here, he is competent as his understanding capacity is working smoothly.

So, depending upon the capability to understand and answer a deaf and dumb person, Court may allow them to be a witness before the Court. They can express their words by writing, sign language, or appropriate manners.

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