By Admin 
The suspected death of Nikki Bhati on August 21 in Greater Noida shocked everyone. The biggest mode of this case came when a video of Nikki’s 6 -year -old son came out. Innocent said in his statement that the father beat the mother and then burnt to death. This testimony viral on social media can now be important for both investigation and court. The question is how much the testimony of children in the court is valid and in which cases the statement of the innocent has changed the direction of the entire case.
How much valid children’s testimony in court
There is no minimum age fixed in Indian law to become a witness. Under Section 118 of the Indian Evidence Act 1872, if the court feels that the child can differentiate between truth and lies and keeps his point properly, then his statement will be considered completely valid. Recently, the Supreme Court has also made it clear that child witnesses are capable witnesses and their testimony cannot be rejected only on age basis. The courts only take care that the child is not making a statement in any pressure, fear or tutoring.
Child testimony changed when the case changed
- Madhya Pradesh case. A 7 -year -old girl saw her mother being killed and testified in court. The High Court had acquitted the accused as a child’s testimony, but the Supreme Court said that the child witness is completely valid and on this basis the accused was sentenced to life imprisonment.
- Bareilly case. Her 11 -year -old son and 8 -year -old daughter testified in the suspicious death of a woman named Vandana. The children had testified that the father used to beat the mother every day and beat her up and also beat up on the day of the incident. The court, considering the testimony of the children as reliable, sentenced the father to 10 years.
- Secrets open by drawing. In another case, a 7 -year -old girl saw her father killing her mother. During interrogation, the father narrated the story of suicide, but the drawing made by the child removed the curtain from the truth and the accused was convicted.
How is testimony from children
The way of recording children’s statements is completely different from common people. Child witness rooms are made for this in the court where children are given toys, chocolate and comfortable environment.
- The children do not look at the accused directly in the court room, but by looking at the judge on the screen from a separate room, they answer the questions.
- At such a time, the judges ask the children very simple and lovingly.
- The face of the accused is also shown to the child for just a few seconds so that he does not get scared.
- Children’s identity and name are also kept confidential during testimony
The statement of her son in Nikki Bhati case can give a new direction to the investigation. This testimony can prove to be an important evidence for the court. In fact, many times the true testimony of innocents has done the work in the court which could not even do strong evidence. That is, if the child understands the difference between the truth and the lie and makes a statement without pressure, then his testimony can be completely reversed.
Also read-So many women are killed for dowry every year, the land will slip from under the feet after seeing the figures