Power to administer oaths
Section 3 of the Oaths Act, 1969 deals with power to administer oaths. 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 l The Act came into force on 26 Dec 1969.
(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 affirmations 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.
Section 3, The Oaths Act, 1969 (Act 44 of 1969).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Mohd. Nayeem v. Sale Sayeed
Court's Decision & Legal Precedent
Final Order order-1.pdf 2017-08-04 DATE VERIFIED (M. Satyanarayana Murthy J.). Affidavit is solemn affirmation before officer empowered under Oaths Act s.3 — not a 'pleading' under CPC O6 R1/R17; leave to amend an already-sworn affidavit refused; party may file fresh/additional affidavit. Map Oaths 3.
On this section: s.3 empowers courts/authorised officers to administer oath for affidavits — sworn affidavit not amendable as pleading.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Oaths Act?
Mohd. Nayeem v. Sale Sayeed (04 Aug 2017) is the leading judgment on this section among those set out below: s.3 empowers courts/authorised officers to administer oath for affidavits — sworn affidavit not amendable as pleading.
How do I find court cases under Section 3 of the Oaths Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Oaths Act 1969 3, section 3 Oaths Act 1969, section 3 of the Oaths Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohd. Nayeem v. Sale Sayeed (04 Aug 2017).
What should I read with Section 3 of the Oaths Act, and has it changed?
Its own text turns on section 6 (Forms of oaths and affirmations), so none of them can safely be read on its own.
When did Section 3 of the Oaths Act come into force?
Section 3 of the Oaths Act, cited as Oaths Act 1969 3, came into force on 26 Dec 1969, having been enacted on 26 Dec 1969. It is in force as at the date shown on this page.
Other sections of this Act
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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.