Authored By: Shraddha Jain
NMIMS School of Law
The shocking Nikki Murder case involves the murder of Married woman (around 28-year-old) in front of her 6-Year-old Child by her husband and in-laws for Dowry. This case is also known as “Noida Dowry Murder Case.” As mentioned above, the murder was committed of the Woman, Nikki in front of her 6-year-old child. So here the child has become the principal witness of the entire scene. Hence, this research article becomes more important in the given circumstances; Legally. The testimony of the child carry a significant importance to the case and is necessary to deliver justice against the alleged accused; Husband and in-Laws
Indian Law recognizes the child’s witness under section 118 of the Indian Evidence Act, 1872 (Now Section 124 of Bharatiya Sakshya Adhiniyam (BSA,2023), emphasizing the need for procedural safeguards and corroboration.
The admissibility and reliability of a child’s statement in Judicial proceedings has been a subject of debate. The Indian Evidence Act, 1872 and its successor, The Bharatiya Sakshya Adhiniyam, 2023 lay down rules for competency of witnesses, including children.[1]
Under Section 118 of Indian Evidence Act, 1872 (now Section 124 of Bhartiya Sakshya Adhiniyam, 2023) the court must first test the child’s intellectual and moral capacity to appreciate the importance of truthful answers. This usually done by the trial Judge, through the preliminary examination.[2] However, Corroboration with other evidence including physical evidence, electronic records or adult witnesses, strengthens reliance on such testimony. The provision of BNS clearly extends to children. The Judge must test competency, ensuring the child understand Truth Vs. Falsehood.
The reliability and credibility of a child witness’s testimony are essential in ensuring a fair trial and delivering justice. Child witnesses are more vulnerable and susceptible to being influenced, intimidated, or confused than adult witnesses. Therefore, it is essential to understand the psychological factors that influence a child’s ability to remember, communicate, and testify accurately in court.[3]
Courts have repeatedly held that a child’s testimony, where voluntary, Credible, and clearly admissible, and may hold the same evidentiary weight as adult witnesses, provided the child’s competency is duly tested[4].
In the Indian legal system, a witness is considered competent if there is no legal provision that prevents them from giving testimony. Competent witnesses are also generally required to give testimony, but there are exceptions, such as for foreign rulers and ambassadors. In certain cases, witnesses may be competent but not required to give testimony, such as in divorce and other marriage procedures.[5]
The Court may consider the Evidence submitted in the court by answering these four Classical Questions
Question 1 What is evidence given of?
Answer 1 Evidence is given of “facts in issue” or “relevant facts”.
Question 2 How is evidence of such facts given?
Answer 2 Evidence of such facts is given by way of “oral evidence” or “documentary evidence”.
Question 3 On whom does the burden of proof lie?
Answer 3 The burden of proof of particular facts or the onus of proof to prove the whole case lies on the prosecution in charge.
Question 4 What is the evaluation of the facts?
Answer 4 The evaluation is “proved ” or “presumed”, and the fact is “proved”, “disproved”, or “not proved”, or the proof of facts “may presume”, “shall presume” or has “conclusive proof” by the courts.
In India, there is no specific age limit for children to testify as witnesses, but they must be competent to understand the questions put to them and give rational answers. The court is responsible for determining whether a child is competent to testify and can use various methods to assess their competence, such as asking the child questions, observing their behaviour and responses, and considering their age and level of maturity. The child’s intelligence and knowledge level are not the only factors considered in determining their competence as a witness. One of the procedural requirements for child’s testimony is that the it must be conducted in a child-friendly manner to avoid any Mental discrepancies which may occur in the child.
It is up to the court’s discretion to decide if a child is a credible and competent witness based on their individual circumstances.[6] The cases revolving within private or domestic spaces, children may often be the only available eyewitnesses. The interpretation of Section 118 of IEA (now section 124 of BSA) has remained consistent: Competency, not age, is the decisive factor.
The Bharatiya Sakshya Adhiniyam, 2023 modernizes and simplifies Evidence Law but retains the spirit of IEA. Section 124 continues the principle that children are competent witnesses if capable of understanding questions. With the rise in child-related offences especially under the POCSO Act, 2012[7]. BSA provisions operates alongside the POCSO Act, which specifically protects child victims of Sexual Offence, it (BSA) also aligns with international obligations like UNRC (The UNCRC embodies the idea that every child should be recognised, respected, and protected as a rights holder and as a unique and valuable human being. It applies to all persons under the age of 18) [8] to ensure child-friendly trials. Digital evidence provisions in BSA may also affect cases involving children, as they create a more protective, reliable, and modern system for handling child testimony. They ensure that children can give statement without fear or trauma, preserve the authenticity of their words through electronic recording, provide corroboration through digital forensics. All while balancing justice with sensitivity.
Competency Test
Courts generally conduct a preliminary test to assess whether the child witness: can recall and narrate facts accurately, Is free from any Undue Influence.
Challenges relying on Child Testimony
Susceptibility to tutoring: Children may be coached by parents or police
Memory and Perception Issues: Limited cognitive development may affect accuracy
Emotional Factors: Fear Trauma or loyalty may distort statements
Judicial Subjectivity: Competency test depends on individual judge’s assessment
Relevant case law (Still applicable under BSA)
- Rameshwar V. State of Rajasthan[9]: Conviction possible on child testimony, but corroboration [10]desirable as Prudence.
- Panchhi V. State of U.P[11].: Evidence of child witness not to be rejected outright
- Dattu Ramrao Sakhare V. State of Maharashtra[12]: Child testimony can be relied upon if free from tutoring
- State of M.P. V. Ramesh[13]: Corroboration Compulsory if testimony inspires confidence.
CONCLUSION
Children often become the most vulnerable witnesses, especially in cases involving sexual offences, domestic violence, or crimes committed in family settings. The reliability of their statements is frequently questioned due to their tender age. The validity of child’s statement in courts of Law rests on a balance between caution and trust. While courts remain alert to the dangers of tutoring unreliability, modern jurisprudence affirms that a child’s testimony, if credible, can be the single basis for conviction. Ensuring primary care in the case of child’s testimony will further enhance the reliability and admissibility of such evidence.
Reference(S):
[1] Sulekha Watharkar, ‘Admissibility and Relevancy of child witness under Indian Evidence Act 1872 – A comparative study’ (2023) 1(1) (ILE JEVJ)< https://jevj.iledu.in/wp-content/uploads/2023/07/V1I14.pdf> Accessed on 27 August 2025
[2] Bharatiya Sakshya Adhiniyam 2023, s124
[3] Sulekha Watharkar, ‘Admissibility and Relevancy of child witness under Indian Evidence Act 1872 – A comparative study’ (2023) 1(1) (ILE JEVJ)< https://jevj.iledu.in/wp-content/uploads/2023/07/V1I14.pdf> Accessed on 27 August 2025
[4] Rameshwar V. State of Rajasthan, AIR 1952 SC 54
[5] Sulekha Watharkar, ‘Admissibility and Relevancy of child witness under Indian Evidence Act 1872 – A comparative study’ (2023) 1(1) (ILE JEVJ)< https://jevj.iledu.in/wp-content/uploads/2023/07/V1I14.pdf> Accessed on 27 August 2025
[6] Nivrutti Pandurang Kokate v. State of Maharashtra, “A.I.R 2008 S.W.C 1460 “
[7] The Protection of Child from Sexual Offences Act, 2012 <https://www.indiacode.nic.in/bitstream/123456789/2079/1/AA2012-32.pdf> Accessed on 27 August 2025
[8] Professor Eva Lievens, ‘The United Nations Convention on the Rights of a child and what it means for online services’ (ICO)< https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/childrens-information/childrens-code-guidance-and-resources/how-to-use-our-guidance-for-standard-one-best-interests-of-the-child/the-united-nations-convention-on-the-rights-of-the-child/#:~:text=The%20United%20Nations%20Convention%20on,UK%20GDPR%20guidance%20and%20resources> Accessed on 27 August 2025
[9] Rameshwar vs The State Of Rajasthan [1998] 1952 AIR 54, 1952 SCR 377
[10] Corroboration: A meeting where individuals come together to provide or confirm information
[11] Panchhi And Others, National … vs State Of Up And Others[1997] 7 scc 177
[12] Dattu Ramrao Sakhare V. State of Maharashtra[1997] 5 SCC 341
[13] State of M.P. V. Ramesh[2011] 4 SCC 786
