oath
An oath is a solemn statement calling on God or a sacred object to witness that what one says is true, or that one will faithfully perform an office. A solemn affirmation has the same legal effect without any religious reference, and the law gives every person the choice.
Witnesses in court and deponents of affidavits take an oath or make an affirmation under the Oaths Act, 1969; a false statement on oath is perjury. Constitutional office holders, such as the President, Ministers, judges and legislators, must take the oath or affirmation prescribed by the Constitution. An omission or irregularity in administering an oath does not make the evidence inadmissible.
Example
The witness chose to make a solemn affirmation instead of an oath, which has the same legal effect under the Oaths Act.
In Indian law
- Oaths Act, 1969 (s.7: omission does not invalidate evidence)
- Articles 60, 75(4) and 124(6) and Third Schedule, Constitution of India
See also
affidavit · perjury · witness · notary
Read more in the study notes
- Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
- Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
- Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
- Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)