SC allows child witnesses to testify remotely under revised rules
The Supreme Court has approved revised rules allowing children to testify remotely and use recorded interviews in court proceedings to minimize the trauma of repeatedly recounting painful experiences.
Approved by the Supreme Court en banc on 17 June 2026, the Revised Rule on the Examination of Child Witnesses (RRECW) introduces technology-based safeguards and child-friendly procedures while preserving the constitutional rights of the accused.
The amendments, proposed by the Supreme Court Committee on Family Courts and Juvenile Concerns, form part of the judiciary's Strategic Plan for Judicial Innovations 2022-2027.
Under the revised rules, courts may allow children to testify through videoconferencing from outside the courtroom if appearing in person is likely to cause severe emotional distress.
Judges may also limit what a child can see or hear during testimony, including the accused, without compromising the defendant's right to confront and question witnesses.
For identification purposes, the accused may briefly activate a camera or be identified through an image displayed on a screen.
Children who cannot testify in person or through videoconferencing because of disabilities, medical conditions or other circumstances may instead give electronically recorded depositions before a judge and lawyers representing both sides.
The recordings may be admitted in place of their courtroom testimony, subject to the rule's requirements.
The revised procedures also permit interviews conducted by teams of professionals, or their transcripts, to be presented as evidence to spare children from repeatedly describing traumatic experiences.
For recorded interviews to substitute for testimony when a child cannot appear, interviewers must use neutral, open-ended, age-appropriate and trauma-informed questions that do not suggest answers.
Both parties must be given access to the recordings, while interviewers must be available for questioning during trial.
If a child testifies in court, a recorded interview may also replace the child's earlier written statements.
The revised rules expand the use of technological tools to help children communicate, complementing existing testimonial aids such as dolls, puppets and drawings.
They apply to children who are crime victims, children in conflict with the law and child witnesses in criminal, civil, special and administrative proceedings.
The Supreme Court also strengthened confidentiality safeguards to protect children's identities, including information contained in court records and social media accounts.
Unauthorized disclosure of information identifying a child witness may result in contempt of court.
Children must also be shielded from sexually explicit materials during proceedings, while courts are directed to ensure that abused children receive appropriate therapeutic support.
The revised rules incorporate principles of restorative justice, avoidance of further harm and sensitivity to a child's gender, cultural background and personal experiences.
The Court said the amendments seek to make judicial proceedings more accessible and less traumatic for vulnerable children without undermining due process or the rights of the accused.