The Oaths Act, 1969

(1) This Act may be called the Oaths Act, 1969. ((2) It extends to the whole of India 1***.

Nothing in this Act shall apply to proceedings beforecourts martial or to oaths, affirmations or declarations prescribed by the Central Government with respectto members of the Armed Forces of the Union.

(1) The following courts and persons shall have power toadminister, by themselves or, subject to the provisions of sub-section(2) of section 6, by an officerempowered by them in this behalf, oaths and affirmations in discharge of the duties imposed or inexercise of the powers conferred upon them 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 theArmed Forces of the Union, provided that the oath or affirmation is administered within the limits ofthe station. (2) Without prejudice to the powers conferred by sub-section (1) or by or under any other law for thetime being in force, any court, Judge, Magistrate or person may administer oaths and affirmations for thepurpose 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 affidavits.

(1) Oaths oraffirmations shall be made by the following persons, namely:-- (a) all witnesses, that is to say, all persons who may lawfully be examined, or give, or be requiredto give, evidence by or before any court or person having by law or consent of parties authority toexamine such persons or to receive evidence; (b) interpreters of questions put to, and evidence given by, witnesses; and (c) jurors: Provided that where the witness is a child under twelve years of age, and the court or person havingauthority to examine such witness is of opinion that, though the witness understands the duty of speakingthe truth, he does not understand the nature of an oath or affirmation, the foregoing provisions of thissection and the provisions of section 5 shall not apply to such witness; but in any such case the absence ofan oath or affirmation shall not render inadmissible any evidence given by such witness nor affect theobligation of the witness to state the truth. (2) Nothing in this section shall render it lawful to administer, in a criminal proceeding, an oath oraffirmation to the accused person, unless he is examined as a witness for the defence, or necessary toadminister to the official interpreter of any court, after he has entered on the execution of the duties of hisoffice, an oath or affirmation that he will faithfully discharge those duties.

A witness, interpreter or juror may, instead ofmaking an oath, make an affirmation.