child witness

English · Evidence

Meaning. A child who gives evidence; competent if able to understand the questions and give rational answers.

There is no minimum age. Under s.124 BSA (old s.118 Evidence Act) every person is competent unless the court considers that tender years prevent him from understanding the questions or giving rational answers. The judge tests this by a preliminary examination and should record his satisfaction. A child under twelve who understands the duty to speak the truth but not the nature of an oath may testify without one.

A conviction may rest on a child's evidence alone if it is found reliable. Because children can be tutored, courts examine it with care and usually look for corroboration, but this is a rule of prudence, not of law. The POCSO Act adds child-friendly procedure for child victims.

Example

The eight-year-old's answers in the preliminary examination showed she understood the questions, so she is a competent child witness and her clear account can sustain the conviction.

In Indian law

Section 124, Bharatiya Sakshya Adhiniyam, 2023 (old s.118, Evidence Act) (who may testify)
Section 4, Oaths Act, 1969 (proviso: child under twelve need not take oath)
Protection of Children from Sexual Offences Act, 2012 (procedure for recording a child's evidence)

child witness

Example

In Indian law

See also

Read more in the study notes