HC enforces revised child-centric guidelines for recording testimony
Kolkata: To ensure a more humane and protective judicial process for vulnerable individuals, the Calcutta High Court has issued notice for implementing the “Revised Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024.”
The guidelines have been framed in line with recent criminal law reforms under the Bharatiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam of 2023.
Prepared by Justice (Retd.) Gita Mittal, former Chief Justice of the Jammu & Kashmir High Court and chairperson of the Supreme Court-appointed Vulnerable Witness Committee, the guidelines seek to protect witnesses who face psychological, physical, or emotional risks while testifying. These include children, victims of sexual offences, persons with disabilities and others identified by courts as needing special care.
A core focus of the guidelines is the treatment of child witnesses, who often struggle with the intimidating nature of courtrooms. The document mandates that children be allowed to depose in safe, non-threatening environments, including through live video links or from specially designed vulnerable witness courtrooms.
To reduce fear and trauma, courts must facilitate pre-trial visits for child witnesses to help them become familiar with the courtroom setup and roles of officials. Judges are instructed to allow support persons — such as parents, guardians or trained volunteers — to remain present throughout proceedings. Children must be addressed using developmentally appropriate language, and questions should be simple, clear and non-aggressive. Frequent breaks are to be granted based on the child’s needs, and testimonies must be scheduled at times that do not disrupt a child’s routine, such as meals, rest or school hours.
Importantly, the guidelines emphasise protecting the identity of child witnesses. Orders and judgments must redact names and personal details from public access to prevent any form of retaliation or stigmatisation. In cases where the accused is a family member, courts may employ pseudonyms and closed-court proceedings.
Legal practitioners and child rights groups have welcomed the move, calling it a progressive and necessary reform. With this directive, the Calcutta High Court reinforced its commitment to child-sensitive justice and aligned it with national efforts to safeguard the rights and dignity of vulnerable individuals within the criminal justice system, said an advocate of the High Court.
