Who is the child?

• The Juvenile Justice (Care and Protection of Children) Act defines a "child" under Section 2(12) as a person who has not completed eighteen years of age.
• Hence, a child is someone who is below 18 years of age.

Is a child witness competent?

• There is no age limit for being a witness.
• A child witness is competent as long as they understand the nature of the questions asked and can give rational answers.
• As per Section 124 of the Indian Evidence Act, every person is competent to testify unless:
  • They are prevented from answering due to tender age, old age, or disease (physical or mental).
  • They are unable to give rational answers due to any similar cause.
• The court must conduct a preliminary examination to assess the child's ability to understand and respond.

Appreciation of a child witness

• A child witness cannot be wholly relied upon as they may be tutored.
• The child's evidence is not inadmissible, but the court must follow a rule of caution.
• In The State of Madhya Pradesh vs. Balveer Singh, the Supreme Court ruled:
  • A child witness cannot be rejected outright.
  • The testimony must be cautiously appreciated due to the high possibility of tutoring.
  • The demeanor of the child witness must be observed.
  • If found true and trustworthy, conviction can be based on the sole testimony of the child.
  • The court must separate the tutored part from the untutored part.

Case Laws:

• Discovery of Body: The death was caused by the wife of the deceased, and their children were witnesses. The discovery of the body took place based on the child's testimony, which was held reliable. Balaji v. State AIR 2010 SC 278.
• Injury prescribed by the child corresponded to the medical report: The death occurred inside the house with a weapon ("dao") as described by the deceased's daughter. The injuries matched the medical report. The child witness was found reliable, and conviction was upheld. Parmod Dey v. State of W.B., AIR 2012 SC 1598.
• Child under police custody: The child was in police custody before giving testimony. The court ruled the testimony unreliable due to possible tutoring. K. Venkateswarlu v. State of A.P., AIR 2012 SC 2955.

Also Read:

• Admissibility Of Child Witness: Legal And Psychological Aspect