Do juveniles have to testify in court?

Do juveniles have to testify in court?

The law in India has not particularly recognised the age limit of a child in order to be competent witness. In India, any child who may be able to satisfy the test of competence can become a witness and there is no law prohibiting children from becoming witnesses [i].

Can a child be compelled to give evidence?

Children. Children of any age can be called to give evidence; their competence depends upon their understanding, not their age. As far as competency is concerned, the same test is applied to child witnesses as for adult witnesses.

What happens when a child refuses to testify?

When a minor under the age of 18 refuses to testify, the court is required to consult with the probation department as to the most appropriate sanction. Domestic violence takes a physical, emotional and spiritual toll on victims, and they shouldn’t have to face the legal system alone.

Can a child refuse to testify against a parent?

Parent-Child Privilege Act of 2003 – Amends the Federal Rules of Evidence to provide that, in a civil or criminal proceeding, a parent shall not be compelled to testify against his or her child, and a child shall not be compelled to testify against his or her parent, unless the parent or child who is the witness …

Can a minor can be a witness?

Your nephew is qualified to be a witness in court so long as he is capable to perceive and make known his perception to others. One case decided by the Supreme Court which finds relation to the issue on the qualification of a child as a witness in court is the case of People vs Esugon (G.R.

Can a son testify against his father?

Under Federal law and the law of most States, children can be compelled to testify against their parents, and parents against their children”).

Can a child testify in a criminal case?

This way, the defendant could see the child during the testimony, but the child did not have to come face-to-face with the defendant. Sometimes, children can testify via videotaped deposition (interview).

Can a defendant refuse to testify in a criminal case?

A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.

Can a court force a person to testify?

As a general rule, a court can force you to testify after sending you a subpoena informing you what testimony they need. There are only a few reasons someone might be excused from testifying:

Can a court order a child excluded from a deposition?

If the preliminary finding of inability under clause (i) is based on evidence that the child is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant represented pro se, be excluded from the room in which the deposition is conducted.