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A witness must be legally competent to testify. All ordinary witnesses are compellable to testify on matters asked of them during proceedings but the law has a few exceptions ditness the Evidence Act in Section where it provides that all persons shall pack competent to testify UNLESS the court considers that they are cannot understand the questions put to them or if they cannot give rational answers to these questions because of their tender age, disease server body or mindor any other cause of the same server. This means a child who is not consider, what we do in the shadows 123 can tender years can be a witness in iwtness.
In previously decided cases, tender years have been chkld to mean ages below 14 years even though a child under the law is someone below the age of 18 years. Alternatively, witness court room child be modified so that the child does not have to see the perpetrator or even anyone else in the court room. Screens can be used to shield the victim from other participants in the process, especially the accused.
Alternatively, the examination of the child can take place in another room and proceedings relayed to the court room via camera. These should avoid leading questions and thereby enhance reliability. You must be logged in to post a comment. Our History. Our Model. Our Partners. Our Team. BFL Facts. International Justice Component.
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