ADMISSIBILITY AND RELEVANCY OF CHILD WITNESS UNDER INDIAN EVIDENCE ACT 1872 – A COMPARATIVE STUDY

AUTHOR –SULEKHA WATHARKAR, STUDENT AT MIT WORLD PEACE UNIVERSITY, PUNE

Best Citation – SULEKHA WATHARKAR, ADMISSIBILITY AND RELEVANCY OF CHILD WITNESS UNDER INDIAN EVIDENCE ACT 1872 – A COMPARATIVE STUDY, ILE JOURNAL OF EVIDENCE AND JURISPRUDENCE (ILE JEVJ), 1 (1) of 2023, Pg. 19-28, APIS – 3920 – 0049 | ISBN – 978-81-964391-3-2.

ABSTRACT

The reliability and credibility of a child witness’s testimony are essential in ensuring a fair trial and delivering justice. Child witnesses are more vulnerable and susceptible to being influenced, intimidated, or confused than adult witnesses. Therefore, it is essential to understand the psychological factors that influence a child’s ability to remember, communicate, and testify accurately in court.

Research has shown that children’s memory and communication abilities depend on their age, cognitive development, and emotional state. For instance, younger children may have difficulty recalling events accurately, describing them coherently, or distinguishing reality from fantasy. Moreover, children may be influenced by leading questions, suggestive interviewing techniques, or peer pressure, leading to false memories or inaccurate testimony.

Therefore, legal practitioners must be aware of these factors and take appropriate measures to ensure that the child witness’s testimony is reliable and credible. This may include conducting a pre-trial interview to assess the child’s cognitive and emotional abilities, using non-leading questions, avoiding suggestive language, and allowing the child to testify in a comfortable and supportive environment.

Moreover, judges and juries must be trained to evaluate a child’s testimony critically, taking into account the child’s age, maturity, and cognitive abilities. This includes assessing the child’s demeanour, consistency, coherence, and corroborating evidence. Judges may also allow expert testimony from child psychologists or forensic interviewers to assist in evaluating the child’s testimony.

Legal practitioners must be aware of the psychological factors that influence a child’s testimony and take appropriate measures to ensure its reliability and credibility..This paper aims to analyze the validity and admissibility of child testimony in India and also makes comparisons with other countries

Key words:  Evidence, admissibility, relevancy, witness, Voir dire, Corroboration