The Oaths Act, 1873

An Act to consolidate the law relating to Judicial Oaths, and for other purposes.

Section 1. Short title

This Act may be called the Oaths Act, 1873.

Local extent

It extends to the whole of ¹Bangladesh.

Section 2. [Repealed]

[Repealed by the Repealing Act, 1873 (Act No. XII of 1873).]

Section 3. Saving of certain oaths and affirmations

Nothing herein contained applies to proceedings before Courts Martial, or to oaths, affirmations or declarations prescribed by or under any law President's warrants or for the time being in force.

Section 4. Authority to administer oaths and affirmations

The following Courts and persons are authorized to administer, by themselves or 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:–

Provided

(1) that the oath or affirmation be administered within the limits of the station, and

(2) that the oath or affirmation be such as a Justice of the Peace is competent to administer in ³Bangladesh.

Section 5. Oaths or affirmations to be made by - witnesses

Oaths or affirmations shall be made by the following persons:–

interpreters

jurors

Provided that where the witness is a child under twelve years of age, and the Court or person having authority to examine such witness is of opinion that, though he understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation, the foregoing provisions of this section and the provisions of section 6 shall not apply to such witness, but in any such case the absence of an oath or affirmation shall not render inadmissible any evidence given by such witness nor affect the obligation of the witness to state the truth.

Nothing herein contained shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, or necessary to administer to the official interpreter of any Court, after he has entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties.

Section 6. Affirmation by Natives or by persons objecting to oaths

Where the witness, interpreter or juror is a Hindu or ⁴Muslim.

or has an objection to making an oath,

he shall, instead of making an oath, make an affirmation.

In every other case the witness, interpreter or juror shall make an oath.

Section 7. Forms of oaths and affirmations

All oaths and affirmations made under section 5 shall be administered according to such forms as the ⁵Supreme Court may from time to time prescribe.

And until any such forms are prescribed by the ⁶Supreme Court, such oaths and affirmations shall be administered according to the forms now in use.

Section 8. Power of Court to tender certain oaths

If any party to, or witness in, any judicial proceeding offers to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the race or persuasion to which he belongs, and not repugnant to justice or decency, and not purporting to affect any third person, the Court may, if it thinks fit, notwithstanding anything hereinbefore contained, tender such oath or affirmation to him.

Section 9. Court may ask party or witness whether he will make oath proposed by opposite party

If any party to any judicial proceeding offers to be bound by any such oath or solemn affirmation as is mentioned in section 8, if such oath or affirmation is made by the other party to, or by any witness in, such proceeding, the Court may, if it thinks fit, ask such party or witness, or cause him to be asked, whether or not he will make the oath or affirmation:

Provided that no party or witness shall be compelled to attend personally in Court solely for the purpose of answering such question.

Section 10. Administration of oath if accepted

If such party or witness agrees to make such oath or affirmation, the Court may proceed to administer it, or, if it is of such a nature that it may be more conveniently made out of Court, the Court may issue a commission to any person to administer it, and authorize him to take the evidence of the person to be sworn or affirmed and return it to the Court.

Section 11. Evidence conclusive as against person offering to be bound

The evidence so given shall, as against the person who offered to be bound as aforesaid, be conclusive proof of the matter stated.

Section 12. Procedure in case of refusal to make oath

If the party or witness refuses to make the oath or solemn affirmation referred to in section 8, he shall not be compelled to make it, but the Court shall record, as part of the proceedings, the nature of the oath or affirmation proposed, the facts that he was asked whether he would make it, and that he refused it, together with any reason which he may assign for his refusal.

Section 13. Proceedings and evidence not invalidated by omission of oath or irregularity

No omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever, in the form in which any one of them is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.

Section 14. Persons giving evidence bound to state the truth

Every person giving evidence on any subject before any Court or person hereby authorized to administer oaths and affirmations shall be bound to state the truth on such subject.

Section 15. [Repealed]

[Repealed by the Repealing Act, 1938 (Act No. I of 1938).]

Section 16. Official oaths abolished

Subject to the provisions of sections 3 and 5, no person appointed to any office shall, before entering on the execution of the duties of his office, be required to make any oath, or to make or subscribe any affirmation or declaration whatever.