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Report No. 28

26. Special oaths.-The Indian Oaths Act, 1873, provides also for what are commonly known as "special oaths". Section 8 of that Act allows any party to, or witness in, any judicial proceeding to give evidence on oath or solemn affirmation in any form common amongst or held binding by persons of the race or persuasion to which he belongs, and not repugnant to justice or decency and not purporting to affect any third person. Sections 9 and 10 then provide, that if any party to any judicial preceding offers to be bound by any such oath or solemn affirmation if it is made by the other party to or by any witness in such proceeding, the court may ask such other party or witness whether or not he will make such special oath or solemn affirmation. If such other party or witness agrees to make and makes such special oath or solemn affirmation, then under section 11, the evidence given on such special oath or solemn affirmation is, as against the party who offered to be bound thereby, conclusive proof of the matter stated1.

1. Section 12 deals with refusal to take the special oath.

Indian Oaths Act, 1873 Back

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