The Madras High Court has directed that judges presiding over POCSO cases must be trained to handle child witnesses with empathy, comparing the approach to a mother showing the moon to a baby while feeding. The court emphasised that children cannot be examined as adult witnesses and that special sensitivity is required in POCSO courts. The ruling underscores the child-friendly procedure mandated under the POCSO Act and Evidence Act provisions governing competency of child witnesses.

This ruling engages two intersecting areas of law: the POCSO Act, 2012, and the law on competency and examination of child witnesses under the Indian Evidence Act (now Bharatiya Sakshya Adhiniyam, 2023).

Under Section 33 of the POCSO Act, the Special Court must ensure that the child is not exposed to the accused while testifying, that the child's identity is not disclosed, and that the examination is conducted in a child-friendly manner. The Act also mandates that a child may not be subjected to aggressive or intimidatory cross-examination. Section 26 requires that statements be recorded in the presence of parents or trusted persons.

On competency, Section 118 of the Indian Evidence Act (Section 119, BSA 2023) holds that every person is competent to testify unless the court considers them incapable of understanding questions or giving rational answers. A child witness is competent if they understand the duty to speak the truth — there is no minimum age requirement. The court need only conduct a preliminary examination (voir dire) to satisfy itself of the child's competency.

The Madras HC's direction adds a judicial training dimension: procedural correctness is not enough if the manner of examination re-traumatises the child. This is consistent with the Supreme Court's evolving child welfare jurisprudence, where the 'best interests of the child' operates as the paramount consideration — echoing the parens patriae principle tested in CLAT PG 2025.