OATHS ACT, 1873

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 011fe78c5962ab73d5ddaa823185d9d20288d92a48e61c141d30ae018a5e6f04.

THE OATHS ACT, 1873 
(X of 1873) 
CONTENTS 
I- PRELIMINARY 
1. Short title 
2. Repeal of enactment 
3. Saving of certain oaths and affirmations 
II- AUTHORITY TO ADMINISTER OATHS  
AND AFFIRMATIONS 
4. Authority to administer oaths and affirmations 
III- PERSONS BY WHOM OATHS OR  
AFFIRMATIONS MUST BE MADE 
5. Oaths or affirmations to be made by 
6. Oath by a Muslim or by a non-Muslim who has no objection 
IV-.FORMS OF OATHS AND AFFIRMATIONS 
7. Forms of oaths and affirmations 
8. Power of Court to tender certain oaths 
9. Court may ask party or witness whether be will make oath proposed by 
opposite. Party 
10. Administration of Oath if accepted 
11. Evidence conclusive as against person offering to be bound 
12. Procedure in case of refusal to make Oath 
V-MISCELLANEOUS 
13. Proceeding and Evidence 
14. Person giving evidence bound to state the truth 
15. Amendment of Penal Code 
16. Official Oaths abolished 
SCHEDULE 
 
TEXT 
THE OATHS ACT, 1873 
(X of 1873) 
[8th April, 1873] 
An 
Act 
to consolidate the Law relating to Judicial Oaths, and for other purposes. 
Preamble.– WHEREAS it is expedient to consolidate the law relating to judicial oath, 
affirmations and declarations , and to repeal the law relating to official oaths,  
affirmations and declarations; It is hereby enacted as follows:– 
I.–PRELIMINARY 
1. Short title.– This Act may be called the 
1
[* * * *] Oaths Act, 1873.  
Local extent.– 
2
[It extends to the whole of Pakistan.] 
3
[* * * * * * * * * * * *   ] 
2. Repeal of enactments.–  [Repealed by The Repealing Act, 1873( XII of 
1873).]    
3. Saving of certain oaths and affirmations .– Nothing herein contained 
applies to proceedings before Courts Martial, or to oaths, affirmations or declarations 
prescribed 
4
[by or under any law 
5
[or] President’s warrants 
6
[* * *] for the time being in 
force.]   
II.–AUTHORITY TO ADMINISTER  
OATHS AND AFFIRMATIONS 
4. Authority to administer oaths and affirmations .– The following Courts and 
persons are authorized to administer , by themselves or by an officer empowered by 
them in this behalf, oaths and affirmations in discharge of the duties or in exercise of 
the powers imposed or conferred upon them respectively by law:– 
(a) all Courts and persons having by law or consent of parties authority to 
receive evidence;  
                                                 
1Omitted the word “Indian” by G.G.O. of 1949, Sch. 
2Substituted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14. 10.1955, s. 3 and 2nd Schedule; 
and published in Gazette (Extraordinary), dated 9.6.1960. 
3Repealed by the Repealing Act, 1876 (XII of 1876). 
4Substituted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, s. 3 and 2nd Schedule; 
and published in Gazette (Extraordinary), dated 9.6.1960. 
5Inserted by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981)  w.e.f 8.6.1981  s.3 and 2 nd 
Schedule.p.386. 
6Omitted  by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd Schedule 
p.386. 
7
[(b) the Commanding Officer of any military,  naval or air force station  or 
ship occupied by the Armed Forces of Pakistan, provided that the oath 
or affirmation is administrated within the limits  of the s tation or on the 
ship.]  
III.-PERSONS BY WHOM OATHS OR  
AFFIRMATIONS MUST BE MADE  
5. Oaths or affirmations to be made by witnesses; interpreters; Jurors.– 
Oaths or affirmations shall be made by the following persons:– 
(a) all witnesses, that is to say, all persons who may lawfully be examined, 
or give, or be required to give, evidenc e by or before any Court o f 
person having by law or consent of parties authority to examine such 
persons or to receive evidence; 
8
[and] 
(b) interpreters of questions put to, and evidence given by, witnesses
9
[:] 
10
[(c) * * * * * * * * * * *   ] 
11
[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 he understands the duty of speaking the truth , he does not understand the 
nature of an oath or affirmatio n, the foregoing provisions of this section and the 
provisions of section 6 shall no t 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 the obligation of the witness to state the truth.] 
Nothing herein contained shall render it lawful to administer, in a criminal 
proceeding, an oath or affirmation to the accused person, 
12
[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.  
13
[6. Oath by a Muslim or by a non-Muslim who has no objection.– (1) Where 
the witness or interpreter is a Muslim, he shall make an oath.  
(2) Where the witness or interpreter is not a Muslim, he shall make an oath 
or, if he has an objection to making an oath, an affirmation.] 
IV. – FORMS OF OATHS AND AFFIRMATIONS 
                                                 
7Substituted  by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd 
Schedule p.386. 
8Added by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd Schedule 
p.387. 
9Substituted  by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd 
Schedule p.387. 
10Omitted  by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd Schedule 
p.387. 
11inserted by Indian Oaths (Amendment) Act , 1939 (XXXIX of 1939) 
12Inserted by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd Schedule 
p.387. 
13Substituted  by the Federal laws (Revision and Declaration) Ordinance,1981(XXVII of 1981) w.e.f 8.6.1981 s.3 and 2 nd 
Schedule p.387. 
7. Forms of oaths and affirmations.– All oaths and affirmations ma de under 
section 5 shall be administered according to such forms as the High Court may from 
time to time prescribe.  
And until any such forms are prescribed by the High Court, such oaths and 
affirmations shall be administered according to the forms now in use. 
14
[Explanation.– *  * * * * * * * * * *   ] 
8. Power of Court to tender certain oaths.– If any party to, or witness in, any 
judicial proceeding offers to give evidence on oath or solemn affirmation in any form  
common amongst, or held binding by, persons of the race or persuasion 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, tender such oath or affirmation to him.  
9. Court may ask party or witness whether be will make oath proposed by 
opposite Party.– If any party to any judicial proceeding offers to be bound by any  
such oath or solemn affirmation as is mentioned in section 8, if such oath or 
affirmation is made by the other party to, or by any witness in, such proceeding, the 
Court may, if it thinks fit, ask such party or witness, or cause him to be asked, 
whether or not he will make the oath or affirmation: 
 Provided that no party or witness shall be compelled to attend personally in 
court solely for the purpose of answering such question. 
10. Administration of oath if accepted .– If such party or witness agrees to 
make such oath or affirmation, the Court may proceed to a dminister it, or, if it is of 
such a nature  that it may be more conveniently made out of Court,  the Court may 
issue a commission to any person to administer it , and authorize him to take the 
evidence of the person to be sworn or affirmed and return it to the Court. 
11. Evidence conclusive as against person offering to be bound .– The 
evidence so given shall, as against the person who offered to be bound as 
aforesaid, be conclusive proof of the matter stated.  
12. Procedure in case of refusal to make Oath .– If the party or witness refuses 
to make the oath or solemn affirmation referred to in section 8, he shall not be 
compelled to make it, but the Court shall record, as part of the proceeding s, the 
nature of the oath or affirmation purposed, the facts that he was asked whether he 
would make it and that he refused it, together with any reason which he may assign 
for his refusal. 
V.– MISCELLANEOUS 
13. Proceeding and evidence not invalidated by omission of oath or 
irregularity.– No omission to take any oath or mak e any affirmation, no substitution 
of any one for any other of them , and no irregularity whatever , in the form in which 
any one of them is administered, shall  invalidate any proceeding or render 
inadmissible any evidence  whatever, in or in respect of which  such omission, 
                                                 
14Repealed by the Lower Burma Courts Act, 1900 VI of 1900) s.48 and 2nd Schedule.  
substitution or irregularity took place, or shall affect the obligation of a witness to 
state the truth. 
14. Persons giving evidence bound to state the truth .– Every person giving 
evidence on any subject before any Court or person hereby authorized to administer 
oaths and affirmations shall be bound to state the truth on such subject. 
15. [Amendment of Penal Code, Sections 178 and 181 ].– Repealed by the 
Repealing Act, 1938 (I of 1938), s.2 and schedule. 
16. Official Oaths abolished .– Subject to the provisions of sections 3 and 5, no 
person appointed to an office shall, before entering on the execution of the duties of 
his office, be required to make any oath, or to make or subscribed any affirmation or 
declaration whatever. 
SCHEDULE 
[Repealed by the Repealing Act, 1873(XII of 1873).]