LexTHE STATE OF MADHYA PRADESH versus BALVEER SINGH
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[2025] 2 S.C.R. 836 : 2025 INSC 261 The State of Madhya Pradesh v. Balveer Singh (Criminal Appeal No.1669 of 2012) 24 February 2025 [J.B. Pardiwala* and Manoj Misra, JJ.] Issue for Consideration Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness; Before the evidence of the child witness is recorded, is it necessary for the Trial Court to record its opinion and satisfaction that the child witness understands the duty of speaking the truth; Whether the Court should apply s.106 of the Evidence Act in criminal cases with care and caution; Does s.106 of the Evidence Act absolve the prosecution from the duty of proving that a crime was committed; In the instant case, whether the High Court committed any error in acquitting the respondent of offences u/ss. 302, 201, and 34 of Penal Code, 1860. Headnotes† Evidence Act, 1872 – s.118 – No prescription of any particular age as a determinative factor to treat a witness to be a competent one: Held: The Evidence Act does not prescribe any particular age as a determinative factor to treat a witness to be a competent one – On the contrary, s.118 of the Evidence Act envisages that all persons shall be competent to testify, unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to these questions, because of tender years, extreme old age, disease - whether of mind, or any other cause of the same kind – A child of tender age can be allowed to testify if he has intellectual capacity to understand questions and give rational answers thereto. [Para 26] * Author [2025] 2 S.C.R. 837 The State of Madhya Pradesh v. Balveer Singh Evidence Act, 1872 – Principles pertaining to the appreciation of evidence of a child witness – Discussed. [Para 34] Evidence Act, 1872 – Child witness is deemed to be on the same footing as any other witness – Precaution needs to be taken by the Court: Held: The evidence of a child witness for all purposes is deemed to be on the same footing as any other witness as long the child is found to be competent to testify – The only precaution which the court should take while assessing the evidence of a child witness is that such witness must be a reliable one due to the susceptibility of children by their falling prey to tutoring – However, this in no manner means that the evidence of a child must be rejected outrightly at the slightest of discrepancy, rather what is required is that the same is evaluated with great circumspection – While appreciating the testimony of a child witness the courts are required to assess whether the evidence of such witness is its voluntary expression and not borne out of the influence of others and whether the testimony inspires confidence – At the same time, one must be mindful that there is no rule requiring corroboration to the testimony of a child witness before any reliance is placed on it. [Para 35] Evidence – Tutored testimony – Two broad effects in testimony; (i) improvisation or (ii) fabrication – Discussed. [Paras 50-54] Evidence – Testimony – Classification of categories: Held: Irrespective of whether the testimony of a witness is tutored or not, the same, generally may be classified into three categories: - (i) wholly reliable; (ii) wholly unreliable; (iii) neither wholly reliable nor wholly unreliable. [Para 55] Evidence – Appreciation of testimony – The judicially evolved principles for appreciation of ocular evidence in a criminal case – Discussed. [Para 56] Evidence – Assessing the value of the evidence of the eyewitnesses – Two principle considerations: Held: In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of 838 [2025] 2 S.C.R. Supreme Court Reports the case, it is possible to believe their presence at the scene of occurrence or in such situations as would make it possible for them to witness the facts deposed to by them and secondly, whether there is anything inherently improbable or unreliable in their evidence – In respect of both these considerations, the circumstances either elicited from those witnesses themselves or established by other evidence tending to improbabilise their presence or to discredit the veracity of their statements, will have a b
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