Facts of the Case
- ‘A’ is accused of murdering ‘Y’.
- During the investigation, C, a child aged 5 years, was found to be present at the scene of occurrence.
- The prosecution brings C as an eyewitness to testify about the murder.
- The defence objects to the admissibility of the testimony, arguing that:
- C is too young,
- may not understand the duty to speak the truth,
- and may be prone to tutoring or imagination.
- The court is required to determine whether the evidence given by a 5-year-old child is legally relevant and admissible.
Issues in the Case
- Whether a child of 5 years is competent to testify under the Indian Evidence Act?
- What is the test for determining competency of a child witness?
- Whether the court must administer an oath to such a child?
- Whether child witness testimony, if admitted, is reliable enough to be acted upon?
- Whether corroboration is legally required before relying on a child witness?
Legal Principles Covered to Support Case Proceedings and Judgements
A. Section 118 – Who May Testify (Indian Evidence Act, 1872)
This section states:
“All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions or giving rational answers due to tender years, extreme old age, disease, etc.”
Implications:
- There is no minimum age limit for a witness.
- Even a child of 5 years or younger is a competent witness if:
- the court is satisfied that the child understands the questions,
- is capable of giving rational answers,
- is not tutored.
Thus, competency depends on intelligence, understanding, and ability to distinguish truth from falsehood, not the age.
B. Oath Not Mandatory – Oaths Act, 1969
A child under 12 years may testify without taking an oath, provided the court is satisfied that the child understands the duty to speak the truth.
The absence of oath does not affect admissibility.
C. Case Law
1. Rameshwar v. State of Rajasthan (AIR 1952 SC 54)
The Supreme Court held:
- A child witness is competent if capable of understanding the duty to speak the truth.
- Corroboration is not mandatory but desirable.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997 5 SCC 341)
Court held:
- Child witness testimony is admissible if the child is capable of giving rational answers.
- However, the court must ensure the child is not tutored.
3. Panchhi v. State of U.P. (1998) 7 SCC 177
A child witness’s evidence cannot be rejected merely due to age, but needs careful scrutiny.
D. Reliability Test
Before recording evidence, the judge conducts a preliminary examination (voir dire) to assess:
- mental maturity,
- ability to recall facts,
- understanding of truth and lies,
- absence of tutoring.
Only after satisfaction of these conditions may the child be examined.
Possible Judgment
The child witness C is competent and the testimony is admissible, provided the court is satisfied that:
- C is intelligent enough to understand the questions,
- can give rational and coherent answers, and
- has not been tutored.
Reasons:
- Section 118 clearly permits children to testify if they can understand and respond rationally.
- The law does not prescribe any minimum age, and even a 5-year-old may legally testify.
- Courts routinely accept child testimony in sensitive crimes (e.g., murder, sexual assault), subject to caution.
- The court must carefully evaluate credibility, but the evidence cannot be rejected solely due to tender age.
- If C’s evidence is consistent, natural, and trustworthy, the court may rely upon it even without corroboration.
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