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Report No. 28

3. Analysis of the Act.-A brief analysis of the Indian Oaths Act, 1873, is given below:

Section 1 is a formal section containing the short title etc. Section 2, which repealed certain enactments, was itself repealed by the Repealing Act of 1873 (12 of 1873). Section 3 excludes from the purview of the Act proceedings before Courts Martial. Section 4 enumerates the persons who are authorised to administer oaths and affirmations. Section 5 provides that all witnesses, interpreters and jurors shall make oaths or affirmations. Section 6 enacts that Hindus, Muhammadans and other persons who have an objection to making an oath may, instead, make an affirmation. Section 7 empowers the High Courts to prescribe the forms of oaths and affirmations. Sections 8 to 12 relate to what are commonly known as "special oaths". Section 13 enacts, that an omission to take an oath or make an affirmation shall not invalidate any proceedings, etc. Section 14 requires every person giving evidence on any subject before any court or person authorised to administer oaths or affirmations to state the truth on such subject.



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