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Report No. 28

67. Section 14-when applies.-It may be noted, that the taking of an oath is not a condition precedent to the obligation to state the truth flowing from section 14. All that section 14 requires is, that the Court or other person should have power to administer oath in order that the evidence given before the court or other officer may become subject to the obligation to state the truth. The decision in a Calcutta case1, to the effect that the offence of intentionally giving false evidence under section 193 of the Indian Penal Code (which applies to false evidence in a stage of judicial proceeding and also to false evidence in other cases) may be committed although the person giving evidence has neither been sworn nor affirmed, can be said to be based on this reasoning. [The judgment does not give the reasons and is a very short one, but the arguments of Mr. Kilby, who appeared for the Crown, may be seen.]

1. Gobind Chandra v. Q.E., 1892 ILR 19 Cal 355 (358).

68. Schedule (New).-We have proposed a Schedule which contains the form of oath1.

1. See para. 24(b), supra.

Indian Oaths Act, 1873 Back

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