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16/06/2024
The Oaths Act, 1873

The Oaths Act, 1873

( ACT NO. X OF 1873 )

Chapter III

PERSONS BY WHOM OATHS OR AFFIRMATIONS MUST BE MADE

Oaths or affirmations to be made by - witnesses
5. Oaths or affirmations shall be made by the following persons:–
 
 
 
 
(a) all witnesses, that is to say, all persons who may lawfully be examined, or give, or be required to give, evidence by or before any Court or person having by law or consent of parties authority to examine such persons or to receive evidence;
interpreters
(b) interpreters of questions put to, and evidence given by, witnesses; and
jurors
(c) jurors:
 
 
 
 
Provided that where the witness is a child under twelve years of age, and the Court or person having authority to examine such witness is of opinion that, though he understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation, the foregoing provisions of this section and the provisions of section 6 shall not apply to such witness, but in any such case the absence of an oath or affirmation shall not render inadmissible any evidence given by such witness nor affect the obligation of the witness to state the truth.
 
 
 
 
Nothing herein contained shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, or necessary to administer to the official interpreter of any Court, after he has entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties.
Affirmation by Natives or by persons objecting to oaths
6. Where the witness, interpreter or juror is a Hindu or 1[Muslim].
 
 
 
 
or has an objection to making an oath,
 
 
he shall, instead of making an oath, make an affirmation.
 
 
 
 
In every other case the witness, interpreter or juror shall make an oath.
 
 

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Ministry of Law, Justice and Parliamentary Affairs