Section 209 of the Evidence Act 2011 – What it Says and All You Need to Know.
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Section 209 of the Evidence Act 2011 Provides as Follows:
(1) In any proceedings in which a child who has not attained the age of fourteen years is tendered as a witness, such child shall not be sworn and shall give evidence otherwise than on oath or affirmation, if in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of his evidence and understands the duty of speaking the truth.
(2) A child who has attained the age of fourteen years shall, subject to section 175 and 208 of this Act give sworn evidence in all cases.
(3) A person shall not be liable to be convicted for an offence unless the testimony admitted by virtue of subsection (1) of this section and given on behalf of the prosecution is corroborated by some other material evidence in support of such testimony implicating the defendant.
(4) If any child whose evidence is received under this section wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath have been guilty of perjury, he shall be guilty of an offence under section 191 of the Criminal Code and on conviction shall be dealt with accordingly.
Other Relevant Sections:
- Section 209 of the Evidence Act 2011
- Section 210 of the Evidence Act 2011
- Section 211 of the Evidence Act 2011