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...