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Report No. 28

51. Section 4 and affidavits.-At present there is no specific provision, for the administration of oaths for the purpose of affidavits. While the provisions in section 4 of the Oaths Act and in section 139 of the Code of Civil Procedure, 1908, and sections 539 and 539AA of the Code of Criminal Procedure, 1898 are adequate for certain situations, there is no comprehensive provision on the subject. Having regard to the fact that affidavits may be required not only in connection with judicial proceedings but also for other purposes, we think that a specific and comprehensive provision on the subject would be helpful. We have, accordingly, proposed an amendment1 in section 4, under which the High Court or the Government, as the case may be, can empower any court, Judge, Magistrate or other person to administer oaths of affirmations for the purpose of affidavits for all purposes.

1. See App 1, clause 3.

Indian Oaths Act, 1873 Back

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