Abstract:
Sri Lankan courts apply a careful, fact-sensitive approach when assessing the
competence and credibility of child witnesses. However, despite statutory
safeguards and evolving judicial guidance, significant uncertainty remains as
to how effectively trial courts evaluate child witness testimony in practice,
particularly where social, financial, and environmental factors influence the
child’s statement. Recent Court of Appeal decisions have reiterated that trial
judges must conduct a careful preliminary assessment of competency and
demeanour and that the risk of tutoring must be actively considered. The
Evidence (Special Provisions) Act (No. 32 of 1999), the Criminal Procedure
Amendments, and the Assistance to and Protection of Victims of Crime and
Witnesses Act (No. 10 of 2023) provide statutory tools for receiving unsworn
child testimony, admitting audio-visual interviews, and protecting child
victims and witnesses. International guidance (UNODC/ specialized childvictim
protocols) recommends trauma-informed, child-friendly procedures as
many of which Sri Lankan practice and reforms are starting to adopt. The
Indian Supreme Court’s State of Madhya Pradesh v. Balveer Singh (24 Feb
2025) summarised modern principles for child witness evidence (competence
test, no minimum age bar, admissibility without mandatory corroboration
where testimony inspires confidence), and offers useful doctrinal points for
courts in Sri Lanka to consider when balancing caution against over-rejection
of child testimony. The author analyses the practical application in Sri Lanka
concerning the statements of child witnesses, revealing the significant influence
of the social and financial background of the witness on the testimony given.
Such factors often affect the credibility, consistency, and reliability of child
witness statements, thereby having a broader impact on cases that
substantially rely on child testimony. This work further discusses practical
suggestions and possible measures that could be implemented to enhance and
strengthen the reliability and evidentiary value of statements made by child
witnesses.
