{ "schema_version": "qanun-law-text/1", "id": "pk-code-0c2ebd3b68917f72", "title": "Oath Act, 1873", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bJc%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09", "source_sha256": "6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09", "text_version_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 5 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE OATHS ACT, 1873 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nI.___PRELIMINARY \r\n \r\n1. Short title. \r\n \r\n2. Repeal of enactments. \r\n \r\n3. Saving of certain oaths and affirmations. \r\n \r\nII.___AUTHORITY TO ADMINISTER OATHS AND AFFIRMATIONS \r\n \r\n4. Authority to administer oaths and affirmations \r\n \r\nIII.___PERSONS BY WHOM OATHS OR AFFIRMATIONS MUST BE MADE \r\n \r\n5. Oaths or affirmations to be made by. \r\n \r\n6. Oath by a Muslim or by a non-Muslim who has no abjection. \r\n \r\nIV. ___FORMS OF OATHS AND AFFIRMATIONS \r\n \r\n7. Forms of oaths and affirmations. \r\n \r\n8. Power of Court to tender certain oaths. \r\n \r\n9. Court may ask party or witness whether he will make oath proposed by opposite party. \r\n \r\n10. Administration of oath if accepted. \r\n \r\n11. Evidence conclusive as against person offering to be bound. \r\n \r\n12. Procedure in case of refusal to make oath. \r\n \r\nV.___MISCELLANEOUS \r\n \r\n13. Proceedings and evidence not invalidated by omission of oath or irregularity. \r\n \r\n14. Persons giving evidence bound to state the truth. \r\n \r\n15. Amendment of Penal Code, ss. 178 and 181. \r\n \r\n16. Official oaths abolished. \r\n \r\nSCHEDULE \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE OATHS ACT, 1873 \r\n \r\n1ACT NO.X OF 1873 \r\n \r\n[8th April, 1873] \r\n \r\nAn Act to consolidate the law relating to Judicial Oaths, and for other purposes. \r\n \r\n Preamble. WHEREAS it is expedient to consolidate the law relating to judicial oaths, \r\naffirmations and declarations, and to repeal the law relating to official oaths, affirmations and \r\ndeclarations; It is hereby enacted as follows:___ \r\n \r\nI.___PRELIMINARY \r\n \r\n 1.Short title. This Act may be called the 2* Oaths Act, 1873. \r\n \r\n Local extent. 3[It extends to the whole of Pakistan.] \r\n \r\n 4* * * * * * * \r\n \r\n 2. [Repeal of enactments.] Rep. by the Repealing Act, 1873 (XII of 1873). \r\n \r\n 5[3. Saving of certain oaths and affirmations. Nothing herein contained applies to \r\nproceedings before Courts Martial, or to oaths, affirmations or declarations prescribed by or under \r\nany law 6[or] President’ warrants 7* for the time being in force.] \r\n \r\nII.___AUTHORITY TO ADMINISTER OATHS AND AFFIRMATIONS \r\n \r\n 4. Authority to administer oaths and affirmations.- The following Courts and persons are \r\nauthorized to administer, by themselves or by an officer empowered by them in this behalf, oaths and \r\naffirmations in discharge of the duties or in exercise of the powers imposed or conferred upon them \r\nrespectively by law:__ \r\n \r\n(a) all Courts and persons having by law or consent of parties authority to receive \r\nevidence; \r\n \r\n 8[(b) the Commanding Officer of any military, naval or air force station or ship occupied by \r\nthe Armed Forces of Pakistan, provided tha t the oath or affirmation is administered within the limits \r\nof the station or on the ship.] \r\n \r\n \r\n1For the Statement of Objects and Reasons, see Gazette of India, 1873, Pt. V, p. 17 ; for Proceedings in Council, see ibid., 1872, Supplement, p. 889; \r\nibid., 1873, Supplement, pp. 3, 233, 235 to 246, 281,395, and 410 ; ibid., 1873, Extra Supplement, pp. 1 to 8. \r\nThis Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913), s. 3. \r\nThis Act has been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the \r\nFederated Areas of Balochistan, see Gazette of India, 1937, Part I, page 1499. \r\n2The word” Indian” omitted by A. O., 1949, Sch. \r\n3Para.2 of section 1, as amended by A. O., 1937, A. O.,1949 and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., \r\nhas been subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th Oct, 1955). \r\n4The commencement clause was rep. by the Repealing Act, 1876 (12 of 1876). \r\n5The original section 3 has successively been amended by the Indian Oaths (Amdt.) Act, 1919 (6 of 1919), s. 2, A.O., 1937, A.O., 1949, Sch., and A.O., \r\n1961, Art. 2 and Sch. (with effect from the 23rdMarch, 1956). to read as above. \r\n6Ins. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981). s.3 and IInd Sch. \r\n7The word “or” omitted ibid. \r\n8Clause (b) as amended by Act 35 of 1934, s. 2 and Sch,. A ct 10 of 1927, s. 2 and Sch. I and A. O., 1961. Art. 2 (w.e.f. 14 -10-1955), has been subs. by \r\nthe Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and IInd Sch. \r\n \r\n \r\n \r\nPage 3 of 5 \r\n \r\n Provided— \r\n \r\n(1) that the oath or affirmation be administered within the limits of the station, and \r\n \r\n(2) that the oath or affirmation be such as a Justice of the Peace is competent to \r\nadminister in 1[Pakistan]. \r\n \r\nIII.___PERSONS BY WHOM OATHS OR AFFIRMATIONS MUST BE MADE \r\n \r\n 5. Oaths or affirmations to be made by. Oaths or affirmations shall be made by the \r\nfollowing persons:— \r\n \r\n (a) witnesses; all witnesses, that is to say, all persons who may law fully be \r\nexamined, or give, or be required to give, evidence by or before any Court or \r\nperson having by law or consent of parties authority to examine such persons \r\nor to receive evidence; [and]2 \r\n \r\n (b) interpreters; interpreters of questions put to, and evidence given by, \r\nwitnesses [ : ]3 \r\n \r\n4* * * * * * * \r\n \r\n Jurors. 5[Provided that where the witness is a child under twelve years of age, and the Court \r\nor person having authority to examine such witness is of opinion that, though he understands the \r\nduty of speaking the truth, he does not understand the nature of an oath or affirmation, the foregoing \r\nprovisions of this section and the provisions of section 6 shall not apply to such witness, but in any \r\nsuch case the absence of an oath or affirmation shall not render inadmissible any evidence given by \r\nsuch witness nor affect the obligation of the witness to state the truth.] \r\n \r\n Nothing herein contained shall render it lawful to administer, in a criminal proceeding, an \r\noath or affirmation to the accused person, 6[unless he is examined as a witness for the defence,] or \r\nnecessary to administer to the official interpreter of any Court, after he has entered on the execution \r\nof the duties of his office, an oath or affirmation that he will faithfully discharge those duties. \r\n \r\n 7[6. Oath by a Muslim or by a non-Muslim who has no abjection.—(1) Where the witness \r\nor interpreter is a Muslim, he shall make an oath. \r\n \r\n (2) Where the witness or interpreter is not a Muslim, he shall make an oath or, if he has an \r\nobjection to making an oath, an affirmation.] \r\n \r\nIV.___FORMS OF OATHS AND AFFIRMATIONS \r\n \r\n 7. Forms of oaths and affirmations. All oaths and affirmations made under section 5 shall \r\nbe administered according to such forms as the High Court may from of time to time prescribe. \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance. 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”. \r\n2The word “and” added by Ordinance 27 of 1981 s. 3 and IInd Sch. \r\n3Subs. ibid., for “; and” \r\n4Clause (c) omitted ibid., \r\n5Provisions ins. by ibid Indian Oaths (Arndt.) Act, 1939 (39 of 1939). \r\n6Ins. by Ord. 27 of 1981, s. 3 and 2nd Sch. \r\n7Subs. ibid, for the original section 6. \r\n \r\nPage 4 of 5 \r\n \r\n And until any such forms are prescribed by the High Court, such oaths and affirmations shall \r\nbe administere1 according to the forms now in use. \r\n \r\n 1* * * * * * * \r\n \r\n 8. Power of Court to tender certain oaths. If any party to, or witness in, any judicial \r\nproceeding offers to give evidence on oath or solemn affirmation in any form common amongst, or \r\nheld binding by, persons of the race or persuasion to which he belongs, and not repugnant to justice \r\nor decency, and not purporting to affect any third person, the Court may, if it thinks fit, \r\nnotwithstanding anything herein before contained, tender such oath or affirmation to him. \r\n \r\n 9. Court may ask party or witness whether he will make oath proposed by opposite \r\nparty. If any party to any judicial proceeding offers to be bound by any such oath or solemn \r\naffirmation as is mentioned in section 8, if such oath or affirmation is made by the other party to, or \r\nby any witness in, such proceeding, the Court may, if it thinks fit, ask such party or witness, or cause \r\nhim to be asked, whether or not he will make the oath or affirmation: \r\n \r\n Provided that no party or witness shall be compelled to attend personally in Court solely for \r\nthe purpose of answering such question. \r\n \r\n 10. Administration of oath if accepted. If such party or witness agrees to make such oath or \r\naffirmation, the Court may proceed to administer it, or, if it is of such a nature that it may be more \r\nconveniently made out of Court, the Court may issue a commission to any person to administer it, \r\nand authorize him to take the evidence of the person to be sworn or affirmed and return it to the \r\nCourt. \r\n \r\n 11. Evidence conclusive as against person offering to be bound. The evidence so given \r\nshall, as against the person who offered to be bound as aforesaid, be conclusive proof of the matter \r\nstated. \r\n \r\n 12. Procedure in case of refusal to make oath. If the party or witness refuses to make the \r\noath or solemn affirmation referred to in section 8, he shall not be compelled to make it, but the \r\nCourt shall record, as part of the proceedings, the nature of the oath or affirmation proposed, the facts \r\nthat he was asked whether he would make it, and that he refused it, together with any reason which \r\nhe may assign for his refusal. \r\n \r\nMISCELLANEOUS \r\n \r\n 13. Proceedings and evide nce not invalidated by omission of oath or irregularity. No \r\nomission to take any oath or make any affirmation, no substitution of anyone for any other of them, \r\nand no irregul arity whatever, in the form in which anyone of them is adminis tered, shall inval idate \r\nany proceeding or render inadmissible any evidence whatever, in or in respect of which such \r\nomission, substitution or irregularity took place, or shall affect the obligation of a witness to state the \r\ntruth. \r\n \r\n 14. Persons giving evidence bound to sta te the truth. Every person giving evidence on any \r\nsubject before any Court or person hereby authorized to administer oaths and affir mations shall be \r\nbound to state the truth on such subject2. \r\n \r\n1The Explanation to section 7 was rep. by the Lower Burma Courts Act, 1900 (6 of 1900), s. 48 and IInd Sch. \r\n2Cf. the Pakistan Penal Code (Act 45 of 1860), s. 191. \r\n \r\nPage 5 of 5 \r\n \r\n 15. [Amendment of Penal Code, ss. 178 and 181.] Rep. by the Repealing Act, 1938 (I of \r\n1938), s. 2 and Sch. \r\n \r\n 16. Official oaths abolished. Subject to the provisions of sections 3 and 5, no person \r\nappointed to any office shall, before entering on the execution of the duties of his office, be required \r\nto make any oath, or to make or subscribe any affirmation or declaration whatever. \r\n \r\n SCHEDULE. [Rep. by the Repealing Act, 1873 (XII of 1873).] \r\n \r\n \r\n \r\n__________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 16-09-2024", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-0-1737:35734040d2ee039c5ea2dcfb2e4f85155649aed0b7846e5ff20d642e6b541ddb", "character_start": 0, "character_end": 1737, "utf8_byte_start": 0, "utf8_byte_end": 1737, "passage_sha256": "35734040d2ee039c5ea2dcfb2e4f85155649aed0b7846e5ff20d642e6b541ddb", "reader_fragment": "p-0-1737-35734040d2ee039c" }, { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-1737-3501:bf70672dca446e804733b593ae285114b662392fe68df832b91a384e4074e653", "character_start": 1737, "character_end": 3501, "utf8_byte_start": 1737, "utf8_byte_end": 3503, "passage_sha256": "bf70672dca446e804733b593ae285114b662392fe68df832b91a384e4074e653", "reader_fragment": "p-1737-3501-bf70672dca446e80" }, { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-3501-5249:d6013c861b81b95e7f74e8871b475d71e53f536b32f1881ce9c154fe15166642", "character_start": 3501, "character_end": 5249, "utf8_byte_start": 3503, "utf8_byte_end": 5263, "passage_sha256": "d6013c861b81b95e7f74e8871b475d71e53f536b32f1881ce9c154fe15166642", "reader_fragment": "p-3501-5249-d6013c861b81b95e" }, { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-5249-6953:a28a9e7b30ca48164448f96a9f8afd79a8fd7eed74f90ba121472f29390c51b3", "character_start": 5249, "character_end": 6953, "utf8_byte_start": 5263, "utf8_byte_end": 6969, "passage_sha256": "a28a9e7b30ca48164448f96a9f8afd79a8fd7eed74f90ba121472f29390c51b3", "reader_fragment": "p-5249-6953-a28a9e7b30ca4816" }, { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-6953-8709:c4b9c005391e651e3d99d2fcea4eb0156a43831079bddc22922371762db33fb8", "character_start": 6953, "character_end": 8709, "utf8_byte_start": 6969, "utf8_byte_end": 8741, "passage_sha256": "c4b9c005391e651e3d99d2fcea4eb0156a43831079bddc22922371762db33fb8", "reader_fragment": "p-6953-8709-c4b9c005391e651e" }, { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-8709-10440:fc9b966e01df89ad9c167b601bc24983b7a8d4c81be1d82ec38f0009b7d078fd", "character_start": 8709, "character_end": 10440, "utf8_byte_start": 8741, "utf8_byte_end": 10472, "passage_sha256": "fc9b966e01df89ad9c167b601bc24983b7a8d4c81be1d82ec38f0009b7d078fd", "reader_fragment": "p-8709-10440-fc9b966e01df89ad" }, { "passage_id": "law:pk-code-0c2ebd3b68917f72:sha256:6c92e3363f824735bf570f4a0fa4f48217ad2b4e21577b05b6a5b40713f5aa09:chars-10440-11479:936c2602501ce8ac85b3e3b30a2eca1caa04c654e044ba72622f31c311da4a85", "character_start": 10440, "character_end": 11479, "utf8_byte_start": 10472, "utf8_byte_end": 11511, "passage_sha256": "936c2602501ce8ac85b3e3b30a2eca1caa04c654e044ba72622f31c311da4a85", "reader_fragment": "p-10440-11479-936c2602501ce8ac" } ] }