In criminal trials, evidence forms the backbone of justice. Among various types of witnesses, a child witness often presents the most delicate situation — a blend of truth’s innocence and vulnerability’s uncertainty. Indian courts have consistently grappled with how to appreciate and evaluate the testimony of a child, balancing sensitivity with skepticism to ensure that justice is served without prejudice. Who is a Child Witness? The Indian Evidence Act, 1872, does not define a “child witness”. However, Section 118 lays down that all persons shall be competent to testify unless the court considers them incapable of understanding questions or giving rational answers due to tender age, extreme old age, disease, or any other cause. In simple terms, a child of any age can be a witness — so long as the court, after due examination, finds that the child possesses sufficient intelligence and understands the duty to speak the truth . Judicial Approach and Key Principles The appreciation...
The courtesy of pass over or adjournment granted to counsel in Indian courts is a discretionary accommodation, not an absolute right. Misinterpreting this courtesy as a right undermines judicial efficiency and can cause delays and injustice in proceedings. livelaw +2 Role of Passover and Adjournment Passovers and adjournments are provided to counsel to address scheduling clashes or genuine exigencies. Courts may extend these courtesies to ensure fair representation, but they expect counsel to manage their diaries responsibly and avoid unnecessary delays for the opposing party. The absence of clear legislation controlling this tendency has made pass over and adjournments susceptible to misuse. timesofindia.indiatimes +2 Judicial Perspective and Cautions Recently, the Delhi High Court clarified that these accommodations are not matters of right but privilege, subject to judicial discretion. Abuse by seeking repeated adjournments or producing false reasons for passover is fro...