Legal Question in Criminal Law in India

Re: evidence

we are not here to discuss law but to give advise on a set of facts. The child witness is equally competent..the value of his deposition is to be determined by the court/

Re: evidence

court will first test the competancy of witness.whether child is capable to understand or not.then he may test as witness.

Re: evidence

Again read section 118 of evidence Act.There is no bar that child can not be witness in a case but before recording the evidence the court ensures the authenticity of the child witness and ensure that he is not tutored,influenced and that he is cabable to understand the weightage etc.

Re: evidence

Court first assess the child witness and if he/she is found to be competent to depose, then only he/she is required to enter witness box for recording of evidence.

Re: evidence

what is the age of child

Re: evidence

this is section 118 : All persons shall be competent to testify unless the court considers that they are prevented from understanding the question put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation: - A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

where it is written so. competence of witness depends on case to case and even a major can be rejected as witness.

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