Child Witness Competency In Criminal Cases
What is Child Witness Competency?
Child witness competency refers to the ability of a child to provide reliable testimony in a court of law. The competency depends on the child’s ability to understand questions, differentiate between truth and lies, recall events, and communicate effectively.
Legal Framework for Child Witnesses in India
Indian Evidence Act, 1872
Section 118: Presumption that a child under 7 years is incompetent unless proven otherwise.
Section 118(a): Child witness competent if they understand the duty of truthfulness.
Juvenile Justice (Care and Protection of Children) Act, 2015
Protection of Children from Sexual Offences (POCSO) Act, 2012
The Criminal Procedure Code (CrPC)
Guidelines laid down by courts for examination of child witnesses.
Key Factors for Competency
Mental capacity to understand questions.
Ability to distinguish truth from falsehood.
Capacity to remember facts.
Ability to communicate facts clearly.
Important Case Laws on Child Witness Competency
1. Mohan Lal v. State of Punjab, AIR 1969 SC 63
Facts:
A child witness was examined to ascertain his competency in a murder trial.
Judgment:
The Supreme Court held that age alone is not a decisive factor. The child witness must understand the questions and appreciate the duty to speak the truth.
Significance:
Emphasized the test of understanding over age for competency.
2. M. Abdul Khader v. State of Tamil Nadu, AIR 1978 SC 1789
Facts:
The court examined the competency of a child witness in a sexual assault case.
Judgment:
It was held that the child’s ability to understand the questions and respond rationally determines competency. The child’s evidence was held reliable after proper examination.
Significance:
Reinforced the importance of assessing mental capacity and understanding for competency.
3. State of Rajasthan v. Om Prakash, AIR 1994 SC 1348
Facts:
The Supreme Court dealt with the evidence of a minor girl in a sexual offence case.
Judgment:
The Court observed that no rigid rule applies; even a young child can be a competent witness if she understands the questions and the importance of telling the truth.
Significance:
Affirmed flexible assessment and the importance of supporting child witnesses.
4. Chikkappa v. State of Karnataka, AIR 1977 SC 2437
Facts:
The case involved child witnesses in a murder case.
Judgment:
The Court held that competency must be tested by asking simple questions to see if the child understands the duty of truthfulness.
Significance:
Established practical method for competency tests for child witnesses.
5. Kedar Nath v. State of Bihar, AIR 1962 SC 955
Facts:
Witness was a minor child in a criminal trial.
Judgment:
The Supreme Court held that child witnesses should be examined with care, but their testimony cannot be rejected solely because of their age.
Significance:
Highlighted that child witness evidence should not be discarded but evaluated on merit.
6. State of Kerala v. Sajan, AIR 2007 SC 2484
Facts:
In a rape case involving a child victim, the court evaluated the child’s testimony.
Judgment:
Supreme Court observed that the child’s testimony gains importance when corroborated by other evidence but should not be discredited merely because the child is young.
Significance:
Stressed corroboration but recognized child witness competency.
7. Raju v. State of Madhya Pradesh, AIR 1990 SC 131
Facts:
Case involving minor witnesses in a robbery and assault case.
Judgment:
The Court ruled that the child’s testimony should be evaluated carefully and their natural hesitation or confusion should not be equated with unreliability.
Significance:
Encouraged sensitive handling of child witnesses in court.
Summary Table of Case Laws on Child Witness Competency
| Case | Key Principle | Impact on Child Witness Testimony |
|---|---|---|
| Mohan Lal | Understanding questions and truthfulness essential | Age not sole criterion for competency |
| M. Abdul Khader | Mental capacity to answer rationally | Reliability based on understanding |
| State of Rajasthan v. Om Prakash | Flexible approach; young children can be competent | Supports child witness testimony |
| Chikkappa | Simple questions to test competency | Practical test for child competency |
| Kedar Nath | Careful examination, no rejection solely on age | Merit-based evaluation |
| State of Kerala v. Sajan | Corroboration important but age not disqualifying | Balanced approach to child testimony |
| Raju v. State of MP | Hesitation not unreliability | Sensitive handling encouraged |
Practical Aspects and Guidelines
Courts often conduct preliminary tests to assess competency.
Child witnesses may be examined in friendly environments.
Use of support persons or intermediaries to assist child witnesses.
Avoid complex language; use age-appropriate questioning.
Recognize trauma and fear in child witnesses during examination.
Conclusion
Child witnesses are recognized as competent if they can understand questions and differentiate truth from lies. The judiciary favors a flexible and sensitive approach, ensuring children are not unjustly discredited because of age or hesitation. Careful examination and corroboration are key to reliable child witness evidence.
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