Supreme Court’s Key Remarks on Children's Testimonies

The Supreme Court of India has stated that the testimony of young children should be considered valid in the same manner as that of adults in legal cases. This observation was made while upholding the life sentence of a man convicted of murdering his wife, in which the testimony of their seven-year-old daughter played a crucial role.

The apex court clarified that the Indian Evidence Act does not prescribe a minimum age for witnesses and emphasized that a child's testimony cannot be dismissed solely because of their age.

However, the bench cautioned that courts must exercise due diligence when considering children's testimonies, as young minds are susceptible to external influence. “Children can easily fall prey to misleading statements from others. For them to be reliable witnesses, it is essential to ensure that they are not speaking under undue influence,” the Supreme Court noted.

The court further stressed that when children testify, it is imperative to thoroughly examine whether they are speaking voluntarily or under external influence. It warned that false testimony given under someone’s influence could have serious consequences and advised trial courts to be particularly vigilant in such cases.