REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 48] NEW DELHI, MONDAY, NOVEMBER 27, 1967/AGRAHAYANA 6, 1889
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the
27th November, 1967: —
Bill No. XXII OF 1967
A bill to consolidate and amend the law relating to judicial oaths and
for certain other purposes
BE it enacted by Parliament in the Eighteenth Year of the
Republic of India as follows:—
1. (1) This Act may be called the Oaths Act, 1967. (2) It extends to the whole of India except the State of Jammu
Short title and extent.
and Kashmir.
2. Nothing in this Act shall apply to proceedings before courts martial or to oaths, affirmations or declarations prescribed by the Central Government with respect to members of the Armed Forges of the Union.
Saving of certain oaths and affirma- tions.
3. (1) The following courts and persons shall have power to administer, by themselves or, subject to the provisions of sub-section
Power to adminis- ter oaths
(1157)
1158 THE GAZETTE OF INDIA EXTRAORDINARY [PART U(2) of section 6, by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties imposed or in exercise of the powers conferred upon them by law, namely:—
(a) all courts and persons having by law or consent of parties authority to receive evidence;
(b) the .commanding officer of any military, naval, or air force station or ship occupied by the Armed Forces of the Union, provided "that the oath or affirmation is administered within the limits of the station.
(2) Without prejudice to the powers conferred by ,,ub-section (1) or by or under any other law for the time being in force, any court, Judge, Magistrate or person may administer oaths and affir- mations for the purpose of affidavits, if empowered in this behalf- fa) by the High Court, in respect of affidavits for the purpos* of judicial proceedings; or
(b) by the State Government, in respect of other affidavits.
4. (1) Oaths or affirmations shall bo made by the following persons, namely:—
(a) all witnesses, that is to say, all persons who may law- fully 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;
Oaths or affirma- tions to be made by wit- nesses, interpre- ters and jurors.
(b) interpreters of questions put to, and evidence given by, witnesses; and
(c) jurors:
Provided that where the witness is a child under twelve yean of age, and the court or person having authority to examine such witnesses is of opinion that, though the witness understands the duty of speaking the truth, he does not understand the nature of tn oath or affirmation, the foregoing provisions of this section and the provisions of section 5 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.
(2) Nothing in this section shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, unless he is examined as a witness for the defence, or necessary to administer to the official interpreter of any court, after he ha*
3TC, ?], . THE GAZETTE OF INDIA EXTRAORDINARY 1159entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties.
5. A witness, interpreter or juror may, instead of making an
oath, make an affirmation.
Affirma- tion by persona desiring to flffll'.lll
6. (i) All oaths and affirmations made under section 4 shall be administered according to such one of the forms given in the Schedule as may be appropriate to the circumstances of the case:
Forma of oaths and affir- mations.
Provided that if a witness in any judicial proceeding desires to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the class to which he belongs, and not repugnant to justice or decency, and not purporting to affect any third, person, the court may, if it thinks fit, notwithstand- ing anything hereinbefore contained, allow him to give evidence on auch oath or affirmation,
(2) All such oaths and affirmations shall, in the case of all courts
other than the Supreme Court and the High Courts, be administered by the presiding officer of the court himself, or, in the case of a Bench of Judges or Magistrates, by any one of the Judges at Magistrates, as the case may be.
7. No omission to take any oath or make any affirmation, no sub- stitution of any one for any other of them, and no irregularity what- ever in the administration of any oath or affirmation or in the form in which it is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.
proceed- ings and evidence not invali- dated by omission of oath •r irregu- larity.
8. Every person giving evidence on any subject before any court or person hereby authorised to administer oath3 and affirmation! •hall be bound to state the truth on such subject.
Persona giving evidence bound U state the truth.
8. (1) The Indian Oaths Act, 1873, is hereby repealed.
10 "l 187B
Repeal and saving.
(2) Where, in any proceeding pending at the commencement of this Act, the parties have agreed to be bound by any such oath or affirmation as is specified in section 8 of the said Act, then, not- withstanding the repeal of the said Act, the provisions of sections 9 to 12 of the said Act shall continue to apply in relation to such agreement as if this Act had not been passed.
U6o THE GAZETTE OF INDIA EXTRAORDINARY [PART nTHE SCHEDULE
(See section 6)
FORMS or OATHS OR AFFIRMATIONS
Form* No. 1 (Witnesses):—
I do swear in the name of God that what I shall state shall b" solemnly affirm ~~~
tha truth, the whole truth and nothing but the truth.
Form No. 2 (Jurors):—
I do swear in the name of God that I will well and truly try solemnly, affirm
and true deliverance make between the State and the prisoner (s) at the bar, whom I shall have in charge, and a true verdict give according to the evidence.
Form No. 3 (Interpreters):—
I do swear in the name of God that I will well and truly inter- solemnly affirm
pret and explain all questions put to and evidence given by witnesses and translate correctly and accurately all documents given to m" for translation.
Form No. 4 (Affidavits):—
I do swear in the name of God that this is my name and aignaturt solemnly affirm
(or mark) and that the contents of this my affidavit are tru*.
SEC. 2] THE GAZETTE OF1NDIA EXTRAORDINARY 1161STATEMENT OF OBJECTS AND REASONS
The Law Commission, in its Twenty-Eighth Report on the Indian Oaths Act, 1873, has recommended the re-enactment of the Act with certain modifications. The main recommendations relate to sections 6, 7 and 9 to 12 of the Act. Section 6 is proposed to be mod fled to the effect that a witness, interpreter or juror miy, instead of making an oath, make an affirmation, so as to give every such person the liberty of making an affirmation irrespective of his religious persua- sions or whether or not he raises any objection to make an oath. In order that there may be uniformity in the form to be adopted in the matter of any oath, affirmation, affidavit, etc., in the courts throughout the country, the forms prescribed by the High Courts in this behalf are being adopted and are proposed to be set out in a Schedule to the Bill Where a witness desires to make an oath or affirmation in any other form which is regarded as common amongst, or held binding by, ps^Oiis of the clas3 to which he belongs, he should, it is proposed, ba allowed to do so. It is also considered necessary that oaths and affirmations should be administered by the presiding officer of the court himself except in the case of the Supreme Court and the High Courts. Section 7 is proposed to be amended for these purposes.
2. The Commission has strongly opposed the retention of the provisions, namely section 9 to 12, relating to the conclusive or bind- ing character of special oaths, as in their opinion, it is opposed to juristic principles and public policy. In support of their view they have relied upon certain Judicial pronouncements including the decision in the Privy Council case Indar Prasad v. Jag Mohan Da". (1927) 54 I.A. p. 301. These sections are, therefore, proposed to be omitted.
3. On the basis of the aforesaid recommendations it is also pro- posed to amend section 4 of the Act to provide for the omission of the second condition to the exercise, by the commanding officer, of the power to administer oath or affirmation, namely, the condition that the oath or affirmation should be such as a Justice of the Peace is competent to administer; also to provide that the State Govern- ment or High Court may empower any court, magi^tnta or other person to adm'nister caths or affirmations for the purpose of affi- "" p"'1"i davits.
1462 THE Qi&&ftK 0^ fNDIA ' ^ B S O R E t o S KY [PABT II—3K. 2] 4. The Bill is intended to give effect to the aforesaid recommen- dations of the Law Commission.
NEW DELHI; P. GOVINDA MENON.
The lUh November, 18"7.
B. N. BANERJEE,