Act44
Enacted 1969

The Oaths Act, 1969

In force 9 sections Law and Justice

An Act to consolidate and amend the law relating to judicial oaths and for certain other purposes.

Act 44 of 1969 Enacted 26 Dec 1969 In force 26 Dec 1969 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1969

Preamble

THE OATHS ACT, 1969

ACT 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 follows:--

What this Act covers

Summary of The Oaths Act, 1969

Overview The Oaths Act, 1969, is a legislative act aimed at consolidating and amending the laws related to the administration of oaths in judicial proceedings across India, with certain exemptions.

Key Provisions

1. Jurisdiction and Commencement

• Applies to the whole of India.

• Came into effect on 26th December, 1969.

2. Administration of Oaths

• Empowers designated courts and officials to administer oaths.

• Includes provisions for military personnel under specific circumstances.

3. Mandatory Oaths/Affirmations

• For witnesses, interpreters, and jurors in judicial proceedings.

• Exception for minors under 12 who cannot comprehend the oath's significance.

4. Option for Affirmation

• Allows individuals to opt for an affirmation instead of taking an oath.

5. Standardized Forms

• Prescribes specific forms for oaths and affirmations (outlined in The Schedule).

• Permits alternative forms under defined conditions.

6. Validity of Proceedings

• Irregularities in oath administration do not invalidate legal proceedings or evidence.

7. Truth Binding

• Mandates that all individuals providing evidence must state the truth.

8. Repeal and Transition

• Repeals the Indian Oaths Act, 1873, with provisions to safeguard ongoing proceedings.

The Schedule: Forms of Oaths and Affirmations

• Witnesses

• Jurors

• Interpreters

• Affidavits

Sections

Type to filter. 9 sections.

  1. 1Short title and extent
  2. 2Saving of certain oaths and affirmations
  3. 3Power to administer oaths
  4. 4Oaths or affirmations to be made by witnesses, interpreter and jurors
  5. 5Affirmation by persons desiring to affirm
  6. 6Forms of oaths and affirmations
  7. 7Proceedings and evidence not invalidated by omission of oath or irregularity
  8. 8Persons giving evidence bound to state the truth
  9. 9Repeal and saving

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 9 sections of this Act has its own page. This page is not a substitute for legal advice.