EVIDENCE ACT 1906 - SECT 106B
EVIDENCE ACT 1906 - SECT 106B
106B . Children under 12 may give sworn evidence
(1) A child who is
under the age of 12 years may in any proceeding, if the child is competent
under subsection (3), give evidence on oath or after making an affirmation.
(2) Irrespective of
the person’s age, a person with a mental impairment may in any
proceeding, if the person is competent under subsection (3), give evidence on
oath or after making an affirmation.
(3) A person referred
to in subsection (1) or (2) is competent to take an oath or make an
affirmation if in the opinion of the court or person acting judicially the
person understands that —
(a) the
giving of evidence is a serious matter; and
(b) he
or she in giving evidence has an obligation to tell the truth.
[Section 106B inserted: No. 36 of 1992 s. 8;
amended: No. 46 of 2004 s. 15; No. 24 of 2005 s. 52; No. 2 of 2008 s. 45.]