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Forensic Medicine · Sexual offences and forensic psychiatry: child witness
Sample itemA 7-year-old girl is the only eyewitness to an assault. Under Indian law, can she testify?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
A. Yes, if the court finds that she understands questions and gives rational answers
Any person is competent to testify unless the court considers that, because of tender age, extreme old age, disease or similar cause, they cannot understand the questions or give rational answers. A child who passes this preliminary test may testify, and the court weighs the evidence with caution.
Option by option
A. Yes, if the court finds that she understands questions and gives rational answers (correct)
Correct. Competence depends on understanding the questions and giving rational answers, not on a fixed age.
B. No, a witness must be over 12 years
There is no minimum age of 12 for witnesses.
C. Only if the accused consents
The accused's consent plays no part in witness competence.
D. Only if a psychiatrist certifies her capacity
A psychiatrist's certificate is not a requirement.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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