SC adopts ‘child-friendly’ rules for court testimony
Children, whether victims of crimes or those accused of committing an offense, now have the option to skip in-person testimony in court to alleviate any trauma from experiences related to a case, the Supreme Court has ruled.
It approved the revised rule on the examination of child witnesses to establish the use of technology and “child-friendly practice”—such as allowing the use of digital evidence—to ensure their safety and well-being in cases where they are involved.
According to the new rules approved in June but released only this week, a minor also cannot be compelled to appear in court during trial.
Videoconferencing or a prerecorded deposition in the presence of judges and lawyers may be conducted instead of in-person testimony if a child cannot do so because of disability, health issues or other valid reasons.
A recording of the interview and its transcript may then be presented as evidence during trial. Sensitive material such as sexually explicit information cannot be shown if a minor is present.
“Records about them must remain confidential and anyone who publishes information identifying a child, including their social media accounts, may be found in contempt of court,” the high court said in a statement.
‘Do no harm’
Encouraged to utilize this option are children who are victims of crimes or in conflict with the law, and those who are called as witnesses in criminal, civil, special and administrative proceedings.
This, the high court noted, ensures that minors are spared from “having to recount painful experiences and retraumatization.”
“It also incorporates the principles of restorative justice, ‘do no harm’ and sensitivity to gender, culture, and the child’s experiences as a victim,” it said.
To help children recover, courts should ensure that those who are reported to have suffered various forms of abuse receive appropriate therapy, the high court added.
