Forms of oaths and affirmations
Section 6 of the Oaths Act, 1969 deals with forms of oaths and affirmations. 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 f The Act came into force on 26 Dec 1969.
(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, notwithstanding 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.
Section 6, 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.
-
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.6(1) proviso: witness (not accused) may choose class-customary oath form; Schedule/God form otherwise mandatory.
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 6
What have the courts held on Section 6 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.6(1) proviso: witness (not accused) may choose class-customary oath form; Schedule/God form otherwise mandatory.
How do I find court cases under Section 6 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 6, section 6 Oaths Act 1969, section 6 of the Oaths Act. People searching for it also type oaths act 6a. 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 Om Prakash Suthar v. State of Rajasthan (08 Feb 2012).
What should I read with Section 6 of the Oaths Act, and has it changed?
Its own text turns on section 4 (Oaths or affirmations to be made by witnesses, interpreter and jurors), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 6 of the Oaths Act come into force?
Section 6 of the Oaths Act, cited as Oaths Act 1969 6, 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.