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Report No. 28

24. Form prescribed by High Courts.-(a) Most High Courts have prescribed the following form of oath:-

"I do swear in the name of God that what I shall state shall be the truth, the whole truth and nothing but the truth1."

The oath is taken in the name of God, like the oath taken under the Constitution by high dignitaries of the State such as the President, Governor, etc.2

(b) In our opinion, the form of oath which is being used at present, does not require any change. It is a general form which will apply in most cases. The Court should, however, have power to permit any person who does not like this form, to take an oath in any other form3. We recommend4, that this form of oath should be specified in a Schedule to the Act, so that there should be no room for different forms of oath being prescribed by different High Courts.

1. Or slight variations thereof; see Beotra Oaths Act, (1964), pp. 74-94.

2. See the forms of oaths in the Third Schedule to the Constitution.

3. Para. 61, infra.

4. See App I, Schedule.

Indian Oaths Act, 1873 Back

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