Notes on competency and Appreciation of evidence of child witness

Q:-  Whether a child is competent to testify? State value of evidence of a child witness. Whether an un-sworn testimony of a child is admissible? State legal position, as to administration of an oath to a child witness.

Ans:- In the Indian Evidence Act, 1872, Section 118 deals with the competency of witnesses. As per this section, all persons are competent to testify unless the court considers that they are prevented from understanding the question put to them or from giving rational answers due to their tender years, extreme old age, disease of body or mind, or any other cause of the same kind. This means that a child can be a competent witness as long as they can understand the questions asked and give rational answers.

Value of Evidence of a Child Witness

The evidence of a child witness can be valuable in court, but it is important to consider their age, maturity, and understanding of the events they are testifying about. Children may be more susceptible to suggestion and may not have a fully developed understanding of concepts such as truth, honesty, and the consequences of lying. Therefore, their testimony should be carefully evaluated and corroborated by other evidence.

Admissibility of Unsworn Testimony of a Child

Section 118 of the Indian Evidence Act does not require a child to be sworn before testifying. However, the court may, in its discretion, administer an oath to a child witness if it is considered necessary for the purpose of eliciting truth.

Administration of Oath to a Child Witness

The Oaths Act, 1956, governs the administration of oaths in India. As per Section 4(1) of the Oaths Act, a child under the age of 12 years should not be administered an oath unless the court is satisfied that the child understands the nature of an oath. This means that the court must assess the child's intelligence and understanding before deciding whether to administer an oath.

In conclusion, the competency of a child witness depends on their ability to understand the questions asked and give rational answers. The evidence of a child witness can be valuable, but it should be carefully evaluated and corroborated by other evidence. Un-sworn testimony of a child is admissible, but the court may, in its discretion, administer an oath to a child witness if it is considered necessary for the purpose of eliciting truth.

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