REGISTERED No. D. 221
रजिस्ट्री सं ० डी० 221
भारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खंड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
स० 57] No. 57]
नई दिल्ली, शुक्रवार , विसम्बर 26 , 1969/पोष 5 , 1891 NEW DELHI , FRIDAY , DECEMBER 26 , 1969 / PAUSA 5 , 1891
इस भाग में भिन्न पृष्ठ संख्या वो जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation,
MINISTRY OF LAW
( Legislative Department )
New Delhi , the 26th December , 1969 Pausa 5 , 1891 ( Saka )
The following Acts of Parliament received the assent of the President on the 26th December , 1969 , and are hereby published for general information : -
THE OATHS ACT , 1969
No. 44 OF 1969
[ 26th December , 1969 ]
An Act to consolidate and amend the law relating to judicial oaths and for certain other purposes .
BE it enacted by Parliament in the Twentieth Year of the Republic of India as tollows : -
1. ( 1) This Act may be called the Oaths Act , 1969 .
Short title and extent,
(2) It extends to the whole of India except the State of Jammu and Kashmir .
407 THE GAZETTE OF INDIA EXTRAORDINARY
408
[PART II
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 Forces of the Union .
Saving of certain oaths and affirma- tions .
Powerto adminis- ter oaths .
3. (1 ) The following courts and persons shall have power to administer , by themselves or , subject to the provisions of sub- section (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 sub- 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---
(a) by the High Court , in respect of affidavits for the purpose of judicial proceedings ; or
(b) by the State Government , in respect of other affidavits .
4. (1) Oaths or affirmations shall be 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 years of age, and the court or person having authority to examine such witness is of opinion that , though the witness 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 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 affirmationto the accused person , SEC . 1 ]
409
THE GAZETTE OF INDIA EXTRAORDINARY unless he is examined as a witness for the defence , 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 .
5. A witness , interpreter or juror may , instead of making an oath , make an affirmation .
Affirma- tion by persons desiring to affirm .
Forms of oaths and affir- mations .
6. ( 1 ) 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: 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 such 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 or 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 or irregu- larity.
8. Every person giving evidence on any subject before any court or person hereby authorised to administer oaths and affirmations shall be bound to state the truth on such subject .
Persons giving evidence bound to state the truth.
10 of 1873 . 9. (1 ) The Indian Oaths Act , 1873 , is hereby repealed .
Repeal saving .
(2 ) Where , in any proceeding pending at the commencement of and 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 .
THE GAZETTE OF INDIA EXTRAORDINARY
410
[PART II ==
THE SCHEDULE
(See section 6 )
FORMS OF OATHS OR AFFIRMATIONS
Form No. 1 ( Witnesses ) : -
swear in the name of God
I do
solemnly affirm that what I shall state shall be the truth , the whole truth and nothing but the truth.
Form No. 2 ( Jurors ) :
swear in the name of God
I do 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 ) : -
swear in the name of God
solemnly affirm
I do that I will well and truly inter- pret and explain all questions put to and evidence given by witnesses and translate correctly and accurately all documents given to me for translation .
Form No. 4 (Affidavits) :--
swear in the name of God
Ido solemnly affirm that this is my name and signature (or mark) and that the contents of this my affidavit are true.
THE INDIAN REGISTRATION ( AMENDMENT )
ACT , 1969
No. 45 OF 1969
[26th December , 1969 ]
An Act further to amend the Indian Registration Act , 1908 . BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows : -
1. This Act may be called the Indian Registration ( Amendment ) Act, 1969 .
Short title .
2. In the Indian Registration Act , 1908 ,-
16 of 1908 .
(a) in sub - section ( 1 ) of section 1, the word " Indian " shall be omitted;
Amend- ment of sections 1 and 30.
SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY 411
(b ) in sub - section ( 2 ) of section 30 , for the words " The Registrar of a district including a presidency - town " , the words "TheRegistrar of a district in which a presidency - town is includ- ed and the Registrar of the Delhi district " shail be substituted .
N. D. P. NAMBOODIRIPAD , Joint Secy . to the Govt . of India.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1969