Affirmation - Definition - Law Dictionary Home Dictionary Definition affirmation

Definition :

Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.

The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament, Clarke v. Bradlaugh, (1880) 7 QBD 38.

Finally, therefore, the (English) Oaths Act, 1888 (see OATHS) (51 & 52 Vict. c. 46), has allowed every person objecting to be sworn to affirm, instead of taking an oath, in all places and for all purposes where an oath is required by law. A form of affirmation sufficient to satisfy the requirements of this Act is:'

'I A. B. solemnly and sincerely affirm and declare as follows' [or 'that as touching the matters in question I will speak the truth, the whole truth, and nothing but truth'].

For the purposes of the (English) Perjury Act, 1911 (1 & Geo. 5, c. 6), the forms and ceremonies used in administering an oath are immaterial, and the expression 'oath' in the Act includes 'affirmation'; see s. 15. See the (English) False Oaths (Scotland) Act, 1933 (23 & 24 Geo. 5, c. 20), which consolidates and simplifies the law of Scotland relating to false oaths, declarations and statements.

Means a positive declaration, Webster Law Dictionary, p. 35.

In Parliament of India members are allowed to be sworn to make affirmation in lieu of oath. Every member of Parliament, before taking his seat, has to make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to his choice. [Constitution of India, Article 99]

Means affirmation in lieu of oath made by the President and Vice-President of India, Governor of a State, Ministers of a State Government, Members of State Legislatures, Judges of the Supreme Court and High Courts, Comptroller and Auditor-General of India, candidates for election to Parliament and State Legislature. [Constitution of India, Articles 60, 69, 75(4), 84(a), 124(6), 148(2), 159, 164(3), 173(a), 188, 219]