Sudesh Jhaku v. K.C.J., Delhi High Court, 1996

In this case, the Delhi High Court addressed the manner in which child witnesses should be examined in trials involving sexual offenses. The Court stressed that extreme caution must be exercised to avoid re-traumatization or intimidation of the child. It held that questioning must be simple and clear, avoiding long or complex formulations that might confuse or unsettle the witness. The Court permitted reasonable breaks during testimony and suggested measures such as the use of a screen to shield the child from directly viewing the accused or the larger courtroom. It further recognized that a social worker or another supportive but neutral adult may be present with the child, even seated nearby, to provide reassurance. Importantly, the Court directed that such examinations should ordinarily be conducted in camera to protect the privacy and dignity of the child.

Topics

• Gender-based violence in general
• Statutory rape or defilement

Geographical location

• Asia
• India
• Delhi

Keywords

• child advocacy
• re-victimization
• victim's testimony

Year

• 1996

External URL

• Sudesh Jhaku v. K.C.J., Delhi High Court, 1996

Court

• High Court of India

Type

• Domestic Case Law

Jurisdiction

• India