evidence in the shape of affidavit by minor in mact case is permissible or not
vinod bansal
(Querist) 07 April 2011
This query is : Resolved
R/Members
I filed claim petition through father of Injured/Minor now petition is fixed for petitioner evidence.Injured is minor (15 yrs old)I want to examine the injured but problem is this being minor his affidavit is not permissible as i think,kindly suggest me affidavit for the purpose of chief filed by minor injured is permissible or not,minor's father is eye witness of this occurence,only his (Father) evidence is sufficient or not.Kindly help
Dayananda Gowda
(Expert) 07 April 2011
Examine who is representing the minor before MACT. If his father has representing him, his evidence is sufficient. minor can not be examined
Kirti Kar Tripathi
(Expert) 08 April 2011
In court proceedings, a person, who gives evidence, either by way of written statement or orally. The witness is required to give evidence in oath or affirm that the evidence is true. In civil cases, where the witness is too young to under stand the nature on oath is not competent witness but if he s able to understand the nature of the oath he can be produced as witness. No minimum age is prescribed to give evidence. If the the witness of the child is necessary and he is able to understand oath and question to be asked, he can be produced as witness. Normal affidavit and affidavit as deposition of evidence are not on same footing as affidavit as deposition of evidence is required to be cross examined by the other parties. In the present case, the witness is of 15 years, if he is not otherwise incompetent to give evidence, his affidavit as deposition of evidence is cpompetant. However, you can request to the court to present your witness to depose his evidence orally before the court.
Advocate Bhartesh goyal
(Expert) 09 April 2011
Yes,If witness is minor then he has to depose his evidence orally and court will definitely permit him.
