Can a child be a witness to a crime?

One of the most important ways in which evidence is given in a trial in the criminal courts is through a witness. Children can be witnesses in a criminal trial, but there are special procedures for child witnesses because of their age and vulnerability.

What is the concept of the child witness rule?

– A child has a right at any court proceeding not to testify regarding personal identifying information, including his name, address, telephone number, school, and other information that could endanger his physical safety or his family.

Are child witnesses Compellable?

All competent witnesses may be compelled by the Court to testify. These witnesses are only compellable to give evidence against their partner in limited circumstances as set out below.

At what age can a child give evidence in court?

If a witness is 14 years of age or older, they have to give evidence on oath or affirmation. Children under 14 years of age do not have to swear an oath or make an affirmation before giving evidence. In some cases involving sexual offences, the judge can decide not to let members of the public into the court.

Can a child be a witness?

A child witness is the one who at the time of giving testimony is below the age of eighteen years. The law in India has not particularly recognised the age limit of a child in order to be competent witness.

How do you question a child witness?

Allow the child to use their own words or point to a line drawing. An important question is “Did this happen once or more than one time?” At any time, ask the child to, “Tell me more about that.” If a child gets emotional, describe the emotion and confirm that is what they are feeling.

Can a child be called as a witness?

Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge’s chambers or in a closed courtroom.