Legal Question in Civil Litigation in India

Oath Taking

I am an atheist and have to swear an oath before giving evidence. My lawyer informs me that there is no provision under the Oath Act 1969, whereby the reference to god can be avoided. I always believed that there was a provision to swear by the Constitution of India. Have all communists till today committed perjury? Would be grateful if help is forthcoming, citing relevant act/section of case judgements.

Thank you


Asked on 12/09/08, 9:15 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Oath Taking

Yes you may take oath by avoiding reference to God.

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Answered on 12/10/08, 9:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Oath Taking

You may be sworn without mentioning God.

The oath may be a "solmn affirmation/declaration".

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Answered on 12/09/08, 2:15 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Oath Taking

Yes you may take oath without mentioning referance to God.

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Answered on 12/13/08, 8:37 am
Nasir Butt Nasir Law Associates

Re: Oath Taking

Belief of testifier can be ignored. Where one has not belief in God, he may take oath without mentioning word "God".

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Answered on 12/10/08, 12:12 am


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