Site navigation

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?

Select one answer
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

Related question papers

Related exam syllabi

Related questions in this topic