How should an Indian court approach the testimony of a child witness?
Tender years matter to capacity, but age alone does not require rejection. Competence permits testimony and does not establish the truth of the account. Section 124 provides…
Choose your answer
How should an Indian court approach the testimony of a child witness?
Answer and explanation
Correct answer C
Tender years matter to capacity, but age alone does not require rejection. Competence permits testimony and does not establish the truth of the account. Section 124 provides the capacity test. The court then assesses reliability with care, including the possibility of tutoring. The section uses functional capacity, and the court must assess the child’s own account carefully. Agreement from an adult is not the sole test.
Option feedback
Option A
Tender years matter to capacity, but age alone does not require rejection.
Option B
Competence permits testimony and does not establish the truth of the account.
Option C
Section 124 provides the capacity test. The court then assesses reliability with care, including the possibility of tutoring.
Option D
The section uses functional capacity, and the court must assess the child’s own account carefully. Agreement from an adult is not the sole test.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Himachal Pradesh Higher Judicial Service
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision