Supreme Court Summarizes Principles for Evaluating Child Witness Testimony
- ByAdmin --
- 27 May 2025 --
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The Supreme Court of India has recently provided important guidance on how courts should evaluate the testimony of child witnesses. Recognizing the unique challenges involved, the Court outlined clear principles to ensure that the evidence of children is given due consideration while safeguarding their welfare and the fairness of trials.
Importance of Child Witnesses in Legal Proceedings
Child witnesses often play a crucial role in cases involving crimes such as sexual abuse, trafficking, and domestic violence. Their testimony can be pivotal for delivering justice. However, evaluating a child's evidence requires sensitivity because of their age, mental and emotional maturity, and vulnerability.
Challenges in Child Testimony
- Children may have limited vocabulary or difficulty in expressing themselves clearly.
- They might be intimidated by the court environment or influenced by adults.
- Children’s memory and perception can differ from adults, affecting reliability.
- There is a risk of re-traumatization through harsh or inappropriate questioning.
Supreme Court’s Principles for Evaluation
The Supreme Court emphasized several key principles for courts to consider:
- Child-Friendly Procedures: Courts should adopt procedures that minimize trauma, such as using video recordings, allowing testimony in chambers, or appointing intermediaries to assist the child.
- Holistic Assessment: The entire testimony should be evaluated in context, not isolated statements. Consistency, demeanor, and clarity are important but must be weighed considering the child’s age.
- Avoiding Adult Standards: The Court cautioned against expecting children to behave or testify like adults. Minor inconsistencies or omissions should not automatically discredit the testimony.
- Corroboration: While child testimony is crucial, it should ideally be corroborated by other evidence unless the circumstances warrant reliance solely on the child’s words.
- Judicial Discretion: Judges must exercise discretion with compassion and understanding, balancing the need for justice with the child’s welfare.
Relevant Legal Provisions
- The Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides special procedures for recording child witnesses’ statements, aiming to reduce trauma.
- Indian Evidence Act, 1872 (Section 118): Allows any person, including children, to testify if they can understand questions and give rational answers.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Emphasizes child welfare in all judicial proceedings involving children.
Judicial Precedents
The Supreme Court referred to landmark judgments such as:
- State of Punjab vs. Gurmit Singh (1996): Affirmed that the testimony of a child can be the sole basis for conviction if credible and trustworthy.
- Lillu @ Rajesh & Ors. vs. State of Haryana (2019): Emphasized child-friendly procedures and the need to consider the child’s mental and emotional state.
Balancing Fair Trial and Child Protection
The Court recognized the delicate balance between the accused’s right to a fair trial and protecting child witnesses from harm. Courts are encouraged to:
- Use intermediaries or support persons during testimony.
- Avoid aggressive cross-examination that could distress the child.
- Ensure privacy and safety throughout the process.
Impact and Importance
This Supreme Court directive reinforces the need for the judiciary to be sensitive and skilled in handling child witnesses. Proper evaluation of child testimony helps:
- Improve conviction rates in cases involving child victims.
- Protect children from secondary victimization.
- Enhance public confidence in the justice system.
Conclusion
The Supreme Court’s summary of principles for evaluating child witness testimony marks a progressive step in Indian jurisprudence. By prioritizing the welfare of children while ensuring justice, the Court sets a clear standard for lower courts to follow.
This approach fosters a child-sensitive justice system that respects the dignity and vulnerability of children, ensuring their voices are heard without compromising the fairness of trials.
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