Child Witnesses: Overview
By Team Legistify / 2016-04-07
Section 118 of the Evidence Act states that even the minors are in a position to testify if the court considers them fit to do so. Consequently, even a child is a capable witness but the courtroom have to satisfy itself that the witness is familiar with the questions and is able to provide a rational account of what he has noticeable, heard or finished on a special occasion.

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With their father serving a lifestyles imprisonment sentence for murdering their mom, the future of seven children is now at the chance with nobody left to maintain them. T he Delhi trial court recently convicted 40-12 months-historic Amruddin for the murder of his spouse Rihana and sentenced him to life imprisonment after counting on the testimony of his youngsters . Rihana’s mom recently approached the courtroom to seek aid as she is financially incapable to care for the children. A couple of organizations have stepped forward to support the family but the instances remain so much the same.

The case dealt with the touchy predicament of little one witnesses. The court docket affirmed the view that even “a youngster of soft age can be allowed to testify if he has the mental capability to realize questions and provides rational answers thereto.”

Legal Competency of Child Witnesses

Witnesses are a crucial part of the criminal justice system. They make clear quite a lot of hobbies and occasions which support the courtroom to reach a conclusive finding beyond reasonable doubt. The Indian proof Act, 1872 does not prescribe any distinctive age as a determinative element to treat a witness to be a ready one. The penal rule that exempts a minor from culpability in any crime because of lack of adequate intelligence just isn't relevant in the law of proof with regards to the competency of witnesses.

Section 118 of the Act states that every ofolklks (together with minors and lunatics) are in a position to testify, if the court docket considers them fit to do the equal. Consequently, even a child is capable witness but the courtroom have to satisfy itself that the witness is familiar with the questions and is able to provide a rational account of what he has noticeable, heard or finished on a special occasion.

Section 118 of the Evidence Act states that even the minors are in a position to testify if the court considers them fit to do so. Consequently, even a child is a capable witness but the courtroom have to satisfy itself that the witness is familiar with the questions and is able to provide a rational account of what he has noticeable, heard or finished on a special occasion.

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