Indian Kanoon - Search engine for Indian Law

17. We are, however, not much at the admissibility of the statement but its evidentiary value. As to this, we would state that the "sign language" has 3 AIR 1937 PC 24: 38 Cri L,J 281: (1937) 1 MLJ 600 4 AIR 1938 Pat 153: 39 Cri LJ 394: 1938 PWN 266 5 1973 Cri LJ 1058: 39 Cut LT 186: 1973 Cut LR (Cri) 109 developed so much by now that it speaks quite well. We may refer in this connection to what has been mentioned about this language at pp. 120 to 123 of Encyclopaedia Britannica, Vol. 7, 1968 Edn., wherein the history of the education of the deaf has been dealt with. A perusal of the same shows that the educators of the deaf are divided into those who favour the manual (sic language) system supplemented by articulation and those who favour the speech and lip reading, vetoing the manual language. At p. 796 of Vol. IO of the aforesaid Encyclopaedia, something more has been said about "sign language". Reference has even been made to what a certain Mehar Baba, an Indian religious figure, had done in this regard. As to this Baba it has been noted that he abstained from speech in the last decades of his life, but "dictated" voluminous writings to his disciples, at first by pointing to letters on an English language alphabet board; but, after evolving a suitable sign language of gestures, he relied on that alone. If volumes can be dictated by this method, a short message of the type at hand can definitely be conveyed by gestures.

18. We may also refer to what has been stated at pp. 558 to 560 of Encyclopaedia Americana, Vol. 8 (1983). These pages contain a discussion on "Education and training of the deaf'. It traces the history of modem education of deaf and speaks about sign language. It states that even today there are educators of deaf who favour the manual system which includes use of finger or sign language. At p. 800 of Vol. 24 of this Encyclopaedia there is a detailed discussion of "Sign Language" and it has been stated that this language can "convey information, issue commands or tell stories". The reader is further informed about the use of this language for utilitarian, ritual, theatrical and comparative purposes. It has also been stated that complete sign languages are still in use in parts of Asia and the Americas.

19. It may not be out of place to mention that the viewers of television would find that even news are telecast for the deaf through sign language and lip movements.

20. On the basis of what has been noted above, we hold that dying declaration recorded on the basis of nods and gestures is not only admissible but possesses evidentiary value, the extent of which shall depend upon who recorded the statement, what is his educational attainment, what gestures and nods were made, what were the questions asked whether they were simple or complicated and how effective or understandable the nods and gestures were.