{UAH} CAN A CHILD BE A WITNESS IN COURT

CAN A CHILD BE A WITNESS IN COURT

Who is a child?

A child is a person below the age of 18 years or below the legal age of majority

Who is a witness?

Literally, a witness is a person giving a sworn testimony to a court of law or the police

A witness can also be a person who saw or heard the crime take place or may have important information about the crime or the defendant.

Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.

Who May Testify?

According to Section 117 of the Evidence Act is to the effect that all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions 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.

The Answer:

A child who is a witness to or a victim of a crime may be ordered to testify in criminal cases. Generally, judges decide on a case-by-case basis whether a child is competent to testify.

And a child who is competent to testify is that one who is not of tender years.

In previously decided cases, tender years have been explained to mean ages below 14 years even though a child under the law is someone below the age of 18 years.

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.

And if your child is appearing as a witness in court, it is important not to rehearse their evidence. The case may fail if the child appears to have been coached.

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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)

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