Himmat Sukhadeo Wahurwagh v. State of Maharashtra
Supreme Court of India2009 INSC 656; MANU/SC/0704/2009; (2009) 6 SCC 712Bench: J. S.B. Sinha, J. Deepak Verma
The Supreme Court held that before recording evidence of a child witness, the court must conduct a preliminary examination (commonly called a "voir dire" or competency test) to determine: (1) Whether the child can understand the questions put to her/him. (2) Whether the child can give rational answers. (3) Whether the child understands the meaning of telling the truth. A child of tender years may testify on solemn affirmation instead of oath under Section 118 of the Indian Evidence Act, provided the court is satisfied the child understands the duty to speak the truth. Without such preliminary assessment, the child's evidence may be questioned on reliability. However, even without formal competency examination, a conviction can be sustained if the totality of evidence establishes reliability.