Introduction

Testimony of a witness is treated as crucial evidence in court proceedings which leads the court to decide the listed matter. But there are some criteria for a witness which is to be fulfilled before giving its testimony (like sane mind etc.)

Historically, we have witnessed that admissibility of a child’s testimony was not absolute in nature. Under section 118 of Indian Evidence Act, it says that every person is competent to witness unless it is restricted by the court from the questions put to him or from giving reasonable reasons because of instrumentality of age.

QUESTION OF ADMISSIBILITY

Our judicial system had set down some rules to clinch the competency of a testimony of child witness. The conditions which are to be fulfilled in regards to question of admissibility are:-

• He/she should be competent.

• He should understand the inquiry and interrogation.

• He must tumble and give effective, rational and reasonable answers to the same.

The final decision lies on the discretion of the court whether the testimony is permissible or not, which is determined by court by making out and considering the facts and circumstances of the case. The facts and circumstances should make the testimony meticulous. This restriction is based that children or any person of the tender age is easily tutored and hence can be sometimes treated as a puppet but due to this any particular age can’t be fixed as to acceptance of competency and no age is a certain age to attain certain level or degree or intelligence or knowledge.