Bare Act Search Results

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Section 3

Title: Powers as to Oaths and Notarial Acts Abroad

State: Central

Year: 1948

(1) Every diplomatic or consular officer may, in any foreign country or place where he is exercising his functions, administer any oath and take any affidavit and also do any notarial act which any notary public may do within1[a State]; and every oath, affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in {Subs., ibid., for "any Province of India".}2[a State]. (2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person authorized by this Act to administer an oath in testimony of any oath, affidavit or act, being administered, taken or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. ________________________ 1. Substituted for "Part A State" respectively by 3.A.L.O., 1956. 2. Substituted for "any Part A State" respectively by 3.A.L.O., 1956.

Oaths Act, 1969 Section 4

Title: Oaths or Affirmations to Be Made by Witnesses, Interpreters and Jurors

State: Central

Year: 1969

..... (c) 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 the witness 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 5 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. (2) Nothing in this section shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, unless he is examined as a witness for the defence, 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.

Oaths Act, 1969 Section 6

Title: Forms of Oaths and Affirmations

State: Central

Year: 1969

(1) All oaths and affirmations made under section 4 shall be administered according to such one of the forms given in the Schedule as may be appropriate to the circumstances of the case: Provided that if a witness in any judicial proceeding desires to give evidence on oath or solemn affirmation in any form common amongst or held binding by persons of the class 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, allow him to give evidence on such oath or affirmation. (2) All such oaths and affirmations shall, in the case of all courts than the Supreme Court and the High Courts, be administered by the presiding officer of the court himself, or, in the case of a Bench of Judges or Magistrates, by any one of the Judges or Magistrates, as the case may be.

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Preamble 1

Title: Diplomatic and Consular Officers (Oaths and Fees) Act, 1948

State: Central

Year: 1948

THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 [Act, No. 41 of 1948] [AS ON 1956] [3rd September, 1948.] PREAMBLE An Act to provide for the administration of oaths by diplomatic and consular officers and to prescribe the fees leviable in respect of certain of their official duties. WHEREAS it is expedient to provide for the administration of oaths by diplomatic and consular officers and for the levy of fees in respect of certain official duties performed by them; It is hereby enacted as follows:-

Oaths Act, 1969 Section 3

Title: Power to Administer Oaths

State: Central

Year: 1969

(1) The following courts and persons shall have power to administer, by themselves, or subject to the provisions of subsection (2) of section 6, by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties imposed or in exercise 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 the Armed Forces of the Union, provided that the oath or affirmation is 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 affirmation 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 affidavits.

Oaths Act, 1969 Section 7

Title: Proceedings and Evidence Not Invalidated by Omission of Oath or Irregularity

State: Central

Year: 1969

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 administration of any oath or affirmation or in the form in which it 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.

Oaths Act, 1969 Preamble 1

Title: Oaths Act, 1969

State: Central

Year: 1969

THE OATHS ACT, 1969 [Act, No. 44 of 1969] [26th December, 1969] PREAMBLE An Act to consolidate and amend the law relating to judicial oaths and for certain other purposes. Be it enacted by Parliament in the Twentieth Year of the Republic of India as follows:--

Oaths Act, 1969 Section 2

Title: Saving of Certain Oaths and Affirmations

State: Central

Year: 1969

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

Oaths Act 1969 Complete Act

State: Central

Year: 1969

.....Act, 1873, has recommended the re-enactment of the Act with certain modifications. The main recommendations relate to Ss. 6, 7 and 9 to 12 of the Act, Section 6is proposed to be modified to the effect that a witness, interpreter or juror may, instead of making an oath make an affirmation, so as to give every such person the liberty of making affirmation irrespective of its religious persuasions or whether or not he raises any objection to make an oath. In order that there may be uniformity in the form to be adopted in the matter of any oath affirmation affidavit, etc. in the Courts throughout the country, the forms prescribed by the High Courts in this behalf are being adopted and are proposed to be set out in a Schedule to the Bill. Where a witness desires to make an oath or affirmation in any other form which is regarded as common amongst or held binding by, persons of the class to which he belongs, he should, it is proposed, be allowed to do so. It is also considered necessary that oaths and affirmations should be administered by the presiding officer of the Court himself except in the case of the Supreme Court and the High Courts. Section 7is proposed to be amended for.....

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

State: Central

Year: 1948

.....shall be without prejudice to the validity of anything previously done under that rule.] Footnotes: 1. For authorising persons holding specified offices to perform duties of Consular Officer, see Gazette of India. 1952. Pt. I, S.2.p. 1 16. This notification as amended up to 1-1-1962 can be found in General Statutory Rules and Orders. Vol. IV, p. 473. See also S. 0s. 2412 and 3042. Gaz. of Ind.. 1960, Pt. II. S. 3(ii), pp. 2922 and 3541: S.Os. 414. 504, 1987 and 1988. Gaz. of Ind., 1961. Pt. U.S. 3(ii). pp. 488. 573 and 2030. S.0s. 3103, Gaz. of Ind., 1967, Pt. II. S. 3(ii), p. 3215. 2. Cl. (d), omitted by the Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act (2 of 1973). S. 2(h) (13-3-73). 3. Substituted for "Part A States" and "any Part A State", respectively by 3 A.L.O.. 1956. 4. Substituted for "any Part A or Part C State" by .1 A.L.O., 1956. 5. Substituted for "Province" by A.l.0., 1950 7. Inserted by Act 2 of 1973. S. 3 (13-3-73). Central Bare Acts