LAW OF EVIDENCE 639
Evidence must be given on Oath
Oath is not a requirement of the Indian Evidence Act. Left to the Indian Evidence Act, evidence by a witness would be legal evidence although the witness had given evidence without taking oath.
Oath is a requirement of the Indian Oaths Act X of
Section 5 of the Oaths Act lays down.
That oaths or affirmation shall be made by the following persons.
(a) all witnesses.
(b) interpreters.
(c) Jurors.
Section 6—permits a person who objects to the oath to affirm.
Section 14.—Every person giving evidence before any Court or person authorised to administer oaths or affirmation shall be bound to state the truth on such subject.
There are three questions that arise for consideration.
(1) Can a Court decline to administer oath or affirmation to a witness ?
(2) Can a party decline to take oath or make affirmation?
(3) Effect of the refusal of a witness to take oath or affirm and of the failure of the Court to administer oath.
Answer to Question 1. It is a statutory duty of the Court to administer oath.
There is one qualification, namely, Court is bound to administer it to a person who is competent and not bound to administer it to one who is incompetent, e. g. a child.
6 Pat. L. J. 147.
Answer to Question 2. The answer is given in Section 12. Party shall not be compelled to make it. But the Court is to make a record of his refusal and the reasons, if any, given by him.