Comparative Study of Admissibility and Credibility of Child Witness under Law and Practice in Pakistan and India

Abstract

The object of present research is to compare the credibility of child witness in Pakistan and India and to determine how to determine and solve the issues of competency and admissibility of testimony of child witness is dealt in Pakistan and India with reference to international Human rights laws. Under Qanun-e-Shahadat, Article 3, the question of "who may testify" and the definition of a witness are covered. The article states categorically that everyone is competent to witness, with the exception of those whom the court determines are too young, infirm, or otherwise unable to grasp the questions asked of them or respond to them rationally. This article's clause makes it very plain that the presiding judge must only address the issue of a child's competency. This study is done by employing Doctrinal method and relied upon case laws and research articles written by scholars. Researcher drawn result that due to certain reasons during investigation and trail child witness is ignored. Researcher recommended that there may be a legal mechanism which provides a proper cover to child witness and during investigation a child witness could not be ignored and worth may be given to him/her.