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Report No. 28

3. Authority to administer oaths.-(1) The following courts and persons are authorised to administer, by themselves or, subject to the provisions of sub-section (2) of section 6, by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties or in exercise of the powers imposed or conferred upon them respectively by law, namely-

(a) all courts and persons having by law or consent of parties authority to receive evidence;

(b) the Commanding Officer of any military, naval, or air force station or ship occupied by the armed forces of the Union; provided the oath or affirmation be administered within the limits of the station.

(2) Without prejudice to the powers conferred by sub-section (1) or by or under any other law for the time being in force, any court, Judge, Magistrate or person may administer oaths and affirmations for the purpose of affidavits, if empowered in this behalf-

(a) by the High Court, in respect of affidavits for the purpose of judicial proceedings; or

(b) by the State Government, in respect of other affidavits1

1. Alternative Draft of clause 3(2):

The High Court in the case of affidavits for the purposes of judicial proceedings, and the State Government, in the case of other affidavits, may empower any court, Judge, Magistrate or person to administer oaths and affirmations for the purpose of such affidavits.

[Section 4]

Indian Oaths Act, 1873 Back

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