Child Witnesses In Evidence Law
- IJLLR Journal
- May 26
- 1 min read
Khayal Shah, National Law University and Judicial Academy, Assam
Varada S., National Law University and Judicial Academy Assam
ABSTRACT
The testimony of a child witness has always occupied a contested space in the law of evidence. Questions about competency, reliability and the conditions of deposition have preoccupied Indian courts since before independence. With the enactment of the Bharatiya Sakshya Adhiniyam 2023, Parliament has carried forward the essential framework of the Indian Evidence Act 1872 while creating certain procedural openings for child- sensitive practices. This article examines the legal position of child witnesses under the BSA, tracing continuity and departure from the predecessor statute and critically engaging with persistent gaps. The analysis proceeds through the connected issues of competency, corroboration, in-court protection and procedural justice, concluding with a forward-looking assessment of what meaningful reform requires.
