Oaths or affirmations to be made by witnesses, interpreter and jurors
Section 4 of the Oaths Act, 1969 deals with oaths or affirmations to be made by witnesses, interpreter and jurors. Oaths or affirmations shall be made by the following persons, namely:-- (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 The Act came into force on 26 Dec 1969.
(1) Oaths or affirmations shall be made by the following persons, namely:--
(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;
(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 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 has entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties.
Section 4, 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
Referred to by 1
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.
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Om Prakash Suthar v. State of Rajasthan
Court's Decision & Legal Precedent
Final Order order-1.pdf 2012-02-08 DATE VERIFIED REPORTABLE (Sandeep Mehta J.). Quashes Magistrate order directing witness to swear in name of 'Sayed Peer Baba' at accused's request: Oaths Act s.6(1) proviso gives the witness (not the accused) choice of form; oaths under s.4 must follow Schedule forms / name of God. Map Oaths 6 and 4.
On this section: s.4 oaths/affirmations by witnesses must be administered under Act forms — non-Schedule 'Sayed Peer Baba' oath quashed.
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Littu @ Anuj Yadav @ Littu Yadav @ Anuj Kumar vs The State of Bihar
Court's Decision & Legal Precedent
In rape cases, the testimony of the victim is vital and corroboration is not mandatory if the victim's evidence inspires confidence and is found to be reliable. The victim of sexual assault is not an accomplice but a victim of another person's lust, and her evidence must receive the same weight as that of an injured witness. Substantial compliance with procedural requirements regarding recording of evidence through interpreters and medical examination of accused does not vitiate the prosecution case if the core evidence of rape is established through credible victim testimony supported by medical evidence and identification of accused.
On this section: Oaths or affirmations by interpreters; applied to require interpreter to take oath before translation
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 4
What have the courts held on Section 4 of the Oaths Act?
Om Prakash Suthar v. State of Rajasthan (08 Feb 2012) is the leading judgment on this section among those set out below: s.4 oaths/affirmations by witnesses must be administered under Act forms — non-Schedule 'Sayed Peer Baba' oath quashed. Another 1 judgment on this section is set out below. They run from 2012 to 2017.
How do I find court cases under Section 4 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 4, section 4 Oaths Act 1969, section 4 of the Oaths Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Om Prakash Suthar v. State of Rajasthan (08 Feb 2012).
What should I read with Section 4 of the Oaths Act, and has it changed?
Its own text turns on section 5 (Affirmation by persons desiring to affirm), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 4 of the Oaths Act come into force?
Section 4 of the Oaths Act, cited as Oaths Act 1969 4, 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.