Open Access Research Article
ADMISSIBILITY OF CHILD WITNESSES IN COURT PROCEEDINGS: ANALYZING LEGAL ISSUES AND FRAMEWORK
Published Paper
Article Details
ADMISSIBILITY OF CHILD WITNESSES IN
COURT PROCEEDINGS: ANALYZING LEGAL ISSUES AND FRAMEWORK
Authored
By - AARTHY G
Assistant
Professor Vinayaka Mission’s Law School,
Co-Author
- CM SELVAMUTHU
Assistant
Professor,Saveetha School of Law :
selvamuthu.ssl@saveetha.com
Abstract:
The affirmation of a witness is
crucial in court proceedings, aiding in the determination of final judgements. However, the admissibility of child
witnesses has been a subject of debate. The Indian legal system provides
guidelines to assess the competency of child witnesses, ensuring their
understanding and ability to testify. The voir dire test is employed by judges
to evaluate a child's competency in the courtroom. Child witnesses require special care
and sensitivity due to their young age and limited comprehension abilities,
which may differ from the judge's expertise. Their testimony is susceptible to
influence and may be distorted. A landmark case established that a 5-year-old
child's testimony is admissible if they can understand the subject matter. This study adopts an empirical
approach with random sampling of 1583 participants. The independent variables
considered are age, gender, qualification, and occupation, while the dependent
variables include income, social status, age, and gender. Primary and secondary
data are analyzed to investigate the significance of the concept of
admissibility of child witnesses. The main objective is to examine the admissibility of child
witnesses, analyze associated legal issues, and assess the existing legal
framework. This research contributes to understanding the treatment and role of
child witnesses in court proceedings, facilitating fair administration of
justice.
Keywords: Voir dire test, ability to testify,
admissibility, competency, testimony.
Introduction:
During
the formative years of a child's development, various factors shape their
experiences and perspectives, including the socio-economic conditions they grow
up in. In India, a child's testimony can be influenced and manipulated through
coercion and torture, making it less reliable and susceptible to external
control. The cognitive development of children is delicate and can vary
depending on different circumstances. Consequently, understanding the concept
of a person's development becomes crucial. Development is subjective,
influenced by the individual's upbringing and environment. In a landmark case, Suresh
v. the State of U.P, it was established that a 5-year-old child's testimony
is admissible as long as the child can understand the subject matter.
Section 118 of the Indian Evidence Act
outlines the criteria for determining the competency of witnesses in court. It
states that all individuals are considered competent to testify unless they are
unable to understand the questions or provide rational answers due to their
young age. The court determines the competency of child witnesses based on the
circumstances.
The
court's concern regarding a child's testimony stems from various factors.
Children are perceived as vulnerable and impressionable, and certain
experiences can have a lasting impact on their memory and perception. The court
must consider various factors, ensuring that the child understands the details
of the situation and what led to its occurrence. The rule of "voir dire
test" is employed to assess the competence of a child witness. The term
"voir dire" is derived from the Anglo-Norman phrase meaning "to
speak the truth." This test is conducted to evaluate the child's ability
to act as a witness and testify truthfully before the judge. The judge may ask
the child unrelated questions to assess their credibility and ensure that the
facts align with subsequent information. The "voir dire test" is a precursor
to determining the maturity and capacity of the child witness. In the case of Rameshwar
S/o Kalyan Singh v. The State of Rajasthan, the court held that every
individual is competent to be a witness in court, unless they are incapable of
understanding the questions presented to them. The ability to comprehend at a
young age is often influenced by the perceptions and descriptions of others,
leading to potential alterations or modifications in a child's testimony.
Consequently, handling child witnesses with utmost care and sensitivity is of
paramount importance. The landmark case "Nivrutti Pandurang Kokate and
Ors. v. The State of Maharashtra" emphasized that the testimony of a
child witness should be scrutinized to ensure it was not given under duress or
undue influence and should be corroborated by other evidence. Child witnesses
play a significant role in cases of sexual abuse and assault, which have gained
increased attention in recent years. A 2007 survey conducted by the Ministry of
Women and Child Development revealed that 53% of children in India had
experienced sexual abuse. This raises the question of how extensively a child
can testify in their own cases of sexual abuse. Children and infants are often
victims of such abuse, and they may feel scared and reluctant to disclose the
incidents to their parents or peers. The legal framework has responded to
public pressure, leading to the passage of laws aimed at addressing these
issues. The objective of this paper is to examine the concept of admissibility
of child witnesses, analyze the legal issues surrounding their admissibility,
and evaluate the existing legal framework in place. By studying these aspects,
this research aims to contribute to a better understanding of the treatment and
role of child witnesses in court proceedings, ensuring the fair administration
of justice.
Objective:
To
examine the notion of allowing child witnesses to testify in legal proceedings.
To
analyse the diverse legal challenges concerning child witnesses.
To
evaluate the current legal structure regarding the acceptance of child
witnesses in court.
Methodology:
This
research employs an empirical approach, utilizing random sampling with a sample
size of 1583. The analysis relies on percentage analysis for statistical
evaluation. Secondary sources, particularly historical aspects, are extensively
referenced. The research adopts a descriptive design to assess awareness and
reactions, while an exploratory design is employed to examine the impact.
Various sources, including research articles, literature reviews, journals,
books, periodicals, and online materials, were analyzed. The data is collected
from 50 respondents, achieving a nearly 100% response rate during face-to-face
interviews. Statistical tools such as chi-square and correlation, along with
graphical representations using SPSS, are utilized. Cross tables are employed
for data analysis.
Review
of Literature:
(Finkelman
1995), The author provides a comprehensive analysis of the
historical and legal aspects of child witnesses in court proceedings. He
explores the challenges and considerations associated with the admissibility of
child testimony, highlighting the delicate nature of children's psychological
development and the potential influence on their statements.
(Coryell
et al. 2018; Bales 1987), The authors present a comprehensive
examination of the social and psychological factors influencing child witnesses
in court cases. Their findings shed light on the impact of trauma,
suggestibility, and memory reliability, providing valuable insights into the
challenges of assessing the credibility of child testimonies.
(Davies
1992), The author underscores an analysis of the legal and
ethical considerations surrounding child witnesses in court proceedings. The
research delves into the challenges of obtaining accurate and reliable
testimony from children, emphasizing the need for specialized techniques and
safeguards. The author’s work provides valuable insights into the complexities
of child witnesses, making it a valuable contribution to the field.
(Jordan
1985), The author examines the impact of leading questions
and suggestive techniques on children's testimonies, highlighting the
vulnerability and suggestibility of young witnesses.
The
author also highlights the importance of cautious and ethical interviewing
practices when eliciting evidence from child witnesses.
(Agbozo
et al. 2018; Plancher et al. 2018; Crane et al. 2018), The
authors collectively provide a comprehensive understanding of child witnesses
in legal contexts. Their research explores various aspects such as memory
recall, suggestibility, and interviewing techniques,
shedding
light on the complexities of eliciting reliable testimony from children. The
author gives valuable insights for legal professionals and researchers,
contributing to the advancement of best practices and the fair treatment of
child witnesses in court proceedings.
Analysis and Discussion:
Frequency Table
|
Gender
|
|||||
|
|
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
|
|
Valid
|
Male
|
1043
|
58.7
|
65.9
|
65.9
|
|
Female
|
540
|
30.4
|
34.1
|
100.0
|
|
|
Total
|
1583
|
89.1
|
100.0
|
|
|
The
frequency table specifically focuses on the gender distribution of the sampled
participants. It is observed that the number of male respondents is relatively
lower compared to female respondents. Specifically, there were 1043 male
responses and 540 female responses, resulting in a total sample size of 1583
for the survey.
Age
|
|
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
|
|
Valid
|
20 to 30 years
|
398
|
22.4
|
25.1
|
25.1
|
|
31 to 40 years
|
562
|
31.6
|
35.5
|
60.6
|
|
|
41 to 50 years
|
488
|
27.5
|
30.8
|
91.5
|
|
|
Above 50 years
|
135
|
7.6
|
8.5
|
100.0
|
|
|
Total
|
1583
|
89.1
|
100.0
|
|
|
A frequency table was generated using
responses obtained from multiple participants. The frequency table focuses on
the age distribution of the individuals. Within the age group of 20-30 years,
there were 398 sample responses, while the age group of 31-40 years
contributed 562 sample responses. Additionally, the age group of 41-50 years
had 488 sample responses, and the age group above 50 years had 135 sample
responses.
Education
|
|
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
|
|
Valid
|
High school
|
172
|
9.7
|
10.9
|
10.9
|
|
Higher secondary
|
556
|
31.3
|
35.1
|
46.0
|
|
|
UG
|
452
|
25.4
|
28.6
|
74.5
|
|
|
PG
|
334
|
18.8
|
21.1
|
95.6
|
|
|
Others
|
69
|
3.9
|
4.4
|
100.0
|
|
|
Total
|
1583
|
89.1
|
100.0
|
|
|
The
frequency table focuses on the educational qualifications of the participants.
Specifically, among those with a high school degree, there were 172 sample
responses. For individuals with a higher secondary degree, there were
approximately 556 sample responses. Among those with an undergraduate degree,
there were 452 sample responses, and for those with a postgraduate degree,
there were 334 sample responses. Additionally, there were 69 responses from
individuals with other educational qualifications.
|
Marital status
|
|||||
|
|
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
|
|
Valid
|
Married
|
618
|
34.8
|
39.0
|
39.0
|
|
Unmarried
|
965
|
54.3
|
61.0
|
100.0
|
|
|
Total
|
1583
|
89.1
|
100.0
|
|
|
It
is observed that the number of married person responses is relatively lower
compared to unmarried person responses. Specifically, there were 618 responses
from married individuals and 965 responses from unmarried individuals,
resulting in a total sample size of approximately 1583 for the survey.
Monthly Income
|
|
Frequency
|
Percent
|
Valid Percent
|
Cumulative Percent
|
|
|
Valid
|
Married
|
618
|
34.8
|
39.0
|
39.0
|
|
Unmarried
|
965
|
54.3
|
61.0
|
100.0
|
|
|
Total
|
1583
|
89.1
|
100.0
|
|
|
The
frequency table specifically focuses on the monthly income of the sampled
participants. Among those with a monthly income of 15,000-30,000, there were
394 sample responses. For individuals with a monthly income of 30,001-40,000,
there were approximately 764 sample responses. Among those with a monthly
income of 40,001-50,000, there were 310 sample responses, and for those with a
monthly income above 50,000, there were 115 sample responses.
Occupation
The frequency table specifically focuses on the occupation of the
sampled participants. Among those who are self-employed, there were 230 sample
responses. For individuals working in the private sector, there were
approximately 790 sample responses. Among those with government jobs, there
were 447 sample responses, and for the unemployed, there were 116 sample
responses.
|
Crosstab
|
|||||
|
|
39.Do you think the child witness can
be used as a primary evidence?
|
Total
|
|||
|
Yes
|
No
|
||||
|
Monthly Income
|
15000 – 30000
|
Count
|
241
|
153
|
394
|
|
% within Monthly Income
|
61.2%
|
38.8%
|
100.0%
|
||
|
% within 39.Do you think the child
witness can be used as a primary evidence?
|
26.2%
|
23.1%
|
24.9%
|
||
|
30001 – 40000
|
Count
|
438
|
326
|
764
|
|
|
% within Monthly Income
|
57.3%
|
42.7%
|
100.0%
|
||
|
% within 39.Do you think the child
witness can be used as a primary evidence?
|
47.6%
|
49.2%
|
48.3%
|
||
|
40001- 50000
|
Count
|
180
|
130
|
310
|
|
|
% within Monthly Income
|
58.1%
|
41.9%
|
100.0%
|
||
|
% within 39.Do you think the child
witness can be used as a primary evidence?
|
19.6%
|
19.6%
|
19.6%
|
||
|
Above 50001
|
Count
|
61
|
54
|
115
|
|
|
% within Monthly Income
|
53.0%
|
47.0%
|
100.0%
|
||
|
% within 39.Do you think the child
witness can be used as a primary evidence?
|
6.6%
|
8.1%
|
7.3%
|
||
|
Total
|
Count
|
920
|
663
|
1583
|
|
|
% within Monthly Income
|
58.1%
|
41.9%
|
100.0%
|
||
|
% within 39.Do you think the child
witness can be used as a primary evidence?
|
100.0%
|
100.0%
|
100.0%
|
||
In this analysis, the monthly
income serves as the independent variable, while the dependent variable is the
opinion of the general public regarding the admissibility of child witnesses as
primary evidence. Within this analysis, 394 respondents fell within the income
range of 15,000 - 30,000, with 241 respondents selecting "yes" and
153 selecting "no." For the income range of 30,001 - 40,000, there
were 764 respondents, with 438 selecting "yes" and 326 selecting
"no." Additionally, 310 respondents fell within the income range of
40,001 - 50,000, with 180 selecting "yes" and 130 selecting
"no." Lastly, 115 respondents reported an income of 50,001 and above,
with 61 selecting "yes" and 54 selecting "no." Overall, a
total of 1583 respondents participated in the survey, with 920 accepting the
statement and 663 rejecting it.
|
Chi-Square Tests
|
|||
|
|
Value
|
df
|
Asymptotic Significance (2-sided)
|
|
Pearson Chi-Square
|
2.917a
|
3
|
.405
|
|
Likelihood Ratio
|
2.917
|
3
|
.405
|
|
Linear-by-Linear Association
|
2.030
|
1
|
.154
|
|
N of Valid Cases
|
1583
|
|
|
|
a. 0 cells (0.0%) have expected count
less than 5. The minimum expected count is 48.16.
|
|||
Result: The results suggest that there is
no significant association between monthly income and the perception of whether
child witnesses can be used as primary evidence.
|
Crosstab
|
|||||
|
|
40.Whether the child can admit his
witness?
|
Total
|
|||
|
Yes
|
No
|
||||
|
Monthly Income
|
15000 – 30000
|
Count
|
90
|
304
|
394
|
|
% within Monthly Income
|
22.8%
|
77.2%
|
100.0%
|
||
|
% within 40.Whether the child can admit
his witness?
|
19.4%
|
27.2%
|
24.9%
|
||
|
30001 – 40000
|
Count
|
231
|
533
|
764
|
|
|
% within Monthly Income
|
30.2%
|
69.8%
|
100.0%
|
||
|
% within 40.Whether the child can admit
his witness?
|
49.8%
|
47.6%
|
48.3%
|
||
|
40001- 50000
|
Count
|
83
|
227
|
310
|
|
|
% within Monthly Income
|
26.8%
|
73.2%
|
100.0%
|
||
|
% within 40.Whether the child can admit
his witness?
|
17.9%
|
20.3%
|
19.6%
|
||
|
Above 50001
|
Count
|
60
|
55
|
115
|
|
|
% within Monthly Income
|
52.2%
|
47.8%
|
100.0%
|
||
|
% within 40.Whether the child can admit
his witness?
|
12.9%
|
4.9%
|
7.3%
|
||
|
Total
|
Count
|
464
|
1119
|
1583
|
|
|
% within Monthly Income
|
29.3%
|
70.7%
|
100.0%
|
||
|
% within 40.Whether the child can admit
his witness?
|
100.0%
|
100.0%
|
100.0%
|
||
In this analysis, the independent
variable was taken as monthly income, while the dependent variable was the
public's opinion on whether a child can provide witness testimony. Among the
respondents in the income range of 15000 - 30000, 394 individuals provided
their responses. Out of those, 90 people answered "yes" and 304
people answered "no". Similarly, in the income range of 30001 -
40000, 764 people gave their responses, with 231 people choosing
"yes" and 533 people choosing "no". For the income range of
40001 - 50000, there were 310
respondents, with 83 people
selecting "yes" and 227 people selecting "no". Finally, in
the income range of 50001 and above, 115 people responded, with 60 people
choosing "yes" and 55 people choosing "no". Overall, a total
of 1583 people provided their responses, with 464 individuals accepting the
statement and 1119 individuals denying the statement.
|
Chi-Square Tests
|
|||
|
|
Value
|
df
|
Asymptotic Significance (2-sided)
|
|
Pearson Chi-Square
|
38.246a
|
3
|
.000
|
|
Likelihood Ratio
|
35.863
|
3
|
.000
|
|
Linear-by-Linear Association
|
20.662
|
1
|
.000
|
|
N of Valid Cases
|
1583
|
|
|
|
a. 0 cells (0.0%) have expected count
less than 5. The minimum expected count is 33.71.
|
|||
Result: The Pearson chi-square value is found to
be smaller than 0.05. There is significant
association between monthly income with the concept of whether the child can admit his witness.
Conclusion:
In accordance with the voir dire
test standards, it is the responsibility of the judge to assess the competency
of a child to testify in the courtroom. It is crucial to recognize that young
children require utmost care and sensitivity, which may not always be within
the judge's expertise. Trained professionals and advocates should collaborate
with the court to guide the child's participation in a manner that ensures the
integrity of their testimony. The court takes into account expert opinions from
various professionals and analyzes them accordingly.
The enactment of the Protection of
Children against Sexual Offences Act (POCSO) on Children's Day, November 14,
2012, continues to raise concerns about its applicability, considering that
children and infants may not be adequately prepared to comprehend and
articulate their experiences. Recently, the Supreme Court of the United States
delivered a significant verdict in Ohio v. Clark (van Gemert et al., 2018),
facilitating the prosecution of child abuse cases without requiring young children
to testify directly.
This ruling allows jurors to hear
testimony from teachers who were informed by their students about incidents of
abuse (Ceci and Hembrooke, 2001). The unanimous decision stemmed from a case
involving a 3½-year-old Ohio child whose injuries were evident to daycare
center teachers (Ogeil et al., 2018). Since the child was too young to testify,
the court permitted the teachers to testify on his behalf, as the child
promptly reported the abuse to them (Ogeil et al., 2018; van Gemert et al.,
2019). While the accuracy of a child's statement is always subject to scrutiny,
alternative mechanisms need to be developed to validate such testimony,
ensuring it remains unaffected by external factors and is treated with utmost
care and caution. Additionally, there is a need for specific legislation and
amendments to criminal law addressing child sexual abuse, which should strive
for impartiality. The court must also consider the admissibility and validity
of testimony given on behalf of a child when they are unable to testify or
fully comprehend their experiences.
Article Information
ADMISSIBILITY OF CHILD WITNESSES IN COURT PROCEEDINGS: ANALYZING LEGAL ISSUES AND FRAMEWORK
Authors: AARTHY G, CM SELVAMUTHU
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/19
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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