Does a child's word count in court?

Key points

• Article 3 of the Qanun-e-Shahadat Order 1984: "All persons shall be competent to testify" unless the court considers that tender years, extreme old age, disease or a similar cause prevents them from understanding the questions or giving rational answers.
• Age alone does not disqualify a child. The test is whether the child understands the questions and gives rational answers.
• The Supreme Court in PLD 2020 SC 146: "the trial Court blatantly erred in completely discarding the oral testimony" of a ten year old domestic worker (paragraph 76).
• The Court also said child witnesses should be able to testify with ease and free of fear, with the judge checking their understanding throughout (paragraphs 48 and 49).

The rule in one line

There is no minimum age for a witness in Pakistan. A child can testify if the court is satisfied the child understands the questions and can give rational answers, and that evidence is weighed like any other.

What happened in this case

In December 2016, in Islamabad, a child of ten was working as a domestic worker in a house (paragraph 71).

A medical board found twenty two injuries on her (paragraph 7).

Four neighbours gave evidence, photographs were examined in a forensic report, and utensils were recovered (paragraphs 64 to 66).

What the trial court did

The trial court completely discarded the child's own oral testimony.

What the Supreme Court said

The Supreme Court decided the case on 10 January 2020. It held that "the trial Court blatantly erred in completely discarding the oral testimony" of the child (paragraph 76), and said the same again at paragraph 78. Her evidence was supported by the medical evidence and four independent witnesses.

The convictions were maintained: the woman of the house under sections 337-A(i), 337-F(i) and 328-A (cruelty to a child) of the Pakistan Penal Code, and her husband under sections 328-A and 201.

The Court also spoke about how children should give evidence: the judge should keep checking, throughout the testimony, that the child understands, and courts can use measures such as screens or closed courtrooms so that a child can testify with ease and free of fear (paragraphs 48 and 49).

The case at a glance

Facts

A ten year old girl working as a domestic worker in a house in Islamabad was found in December 2016 with twenty two injuries, as recorded by a medical board. Four neighbours testified, photographs were examined forensically and utensils were recovered. The trial court completely discarded the child's own testimony.

The question

Whether the trial court was right to discard the oral testimony of a child witness.

What the Court held

No. The trial court blatantly erred in completely discarding her testimony. The convictions were maintained.

Why

Under Article 3 of the Qanun-e-Shahadat a child is competent to testify if able to understand the questions and give rational answers. Her account was supported by the medical evidence and four independent witnesses. The rationality of a child witness should be checked throughout, and children should be able to testify without fear.

Limits

A child's evidence is still weighed by the court in every case. This judgment does not say every child's statement must be believed; it says a competent child's testimony cannot simply be thrown out.

In the Court’s words

“The trial Court blatantly erred in completely discarding the oral testimony of Tayyaba Bibi.”

PLD 2020 SC 146, para 76

The law it relies on

What this does not mean

• It does not mean a child's evidence is automatically accepted. The court must be satisfied that the child understands the questions and gives rational answers.
• It does not mean a child must have other witnesses to be believed. In this case, though, the child's account was supported by medical evidence and four independent witnesses.
• It does not set a minimum age. Article 3 does not name one; it asks whether the witness can understand and answer rationally.

Questions people ask

Sources

• Raja Khurram Ali Khan v. Tayyaba Bibi, PLD 2020 SC 146 (Supreme Court of Pakistan, 10 January 2020), paras 7, 48, 49, 64 to 66, 71, 76, 78
  Trial court blatantly erred in completely discarding a child witness's testimony; convictions maintained; guidance on recording child evidence without fear. verified against full text Supreme Court of Pakistan (judgment PDF)
• Qanun-e-Shahadat Order, 1984, Art. 3 text checked in FAI Statute Search Pakistan Code

Every quote and section above is traced to the full judgment or statute text by an automatic check that runs on every update.

What the reel says