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Report No. 28

50. Section 4 and other laws.-Section 4 enumerates the persons authorised to administer oaths. As the Act is confined to judicial oaths, the section does not mention persons who have power to administer oaths for purposes other than judicial proceedings. Thus, it does not mention

(i) Notaries Public; [section 8(1)(e) of the Notaries Act, 1952, authorises a notary public to administer oaths];

(ii) Diplomatic officers; [See the Diplomatic and Consular Officers (Oaths and Fees) Act, 19481;

(iii) Persons before whom affidavits may be sworn for the purposes of civil and criminal proceedings; [See section 139, Code of Civil Procedure 1908, and sections 539 and 539AA, Code of Criminal Procedure, 1898];

(iv) Oath Commissioners, mentioned in section 539, Code of Criminal Procedure, 1898, and contemplated in section 139(b), Code of Civil Procedure, 1908.

Indian Oaths Act, 1873 Back

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