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The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948

Year of Passage: 1948 | Type: Bare Act

Section 1 Short title.

This Act may be called the Diplomatic and Consular Officers (Oaths and Fees)Act, 1948.

Section 2 Definitions.

In this Act,-- (a) "consular officer" includes consul-general, consul, vice-consul, consular agent, pro-consuland any other person authorised to perform the duties of consul-general, consul, vice-consul orconsular agent; (b) "diplomatic officer" means any ambassador, envoy, minister, charge d'affaires, or secretaryof embassy or legation; and (c) "prescribed" means prescribed by rules made under this Act. 1* * * * *

Section 3 Powers as to oaths and notarial acts abroad.

(1) Every diplomatic or consular officer may, inany foreign country or place where he is exercising his functions, administer any oath and take anyaffidavit and also do any notarial act which any notary public may do within 1[a State]; and every oath,affidavit and notarial act administered, sworn or done by or before any such person shall be as effectualas if duly administered, sworn or done by or before any lawful authority in 2[a State]. (2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal andsignature of any person authorised by this Act to administer an oath in testimony of any oath, affidavit oract, being administered, taken or done by or before him, shall be admitted in evidence without proof ofthe seal or signature being the seal or signature of that person, or of the official character of that person.

Section 4 Punishment for offences under this Act.

(1) Whoever swears falsely in any oath or affidavittaken or made in accordance with the provisions of this Act shall be punished with imprisonment for aterm which may extend to three years and shall also be liable to fine. (2) Whoever forges or fraudulently alters the seal or signature of any person authorised by or underthis Act to administer an oath or tenders in evidence, or otherwise uses, any affidavit having any seal orsignature so forged or counterfeited or fraudulently altered knowing the same to be forged, counterfeitedor fraudulently altered, shall be punished with imprisonment for a term which may extend to three yearsand shall also be liable to fine.

Section 5 Trial of offences.

Any offence under this Act may be inquired into, dealt with, tried andpunished in 1[any 2[State]] in which the person charged with the offence was apprehended or is incustody, in the same manner and to the same extent as if the offence had been committed within the Statewhere he was apprehended or is in custody
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