The Oaths Act, 1969

Section 9. Repeal and saving

In force · As amended up to 2026-08

9. Repeal and saving. —(1) The Indian Oaths Act, 1873 (10 of 1873), is hereby repealed. (2) Where, in any proceeding pending at the commencement of this Act, the parties have agreed to be bound by any such oath or affirmation as is specified in section 8 of the said Act, then, notwithstanding the repeal of the said Act, the provisions of sections 9 to 12 of the said Act shall continue to apply in relation to such agreement as if this Act had not been passed. THE SCHEDULE ( See section 6) FORMS OF OATHS OR AFFIRMATIONS Form No. 1 (Witnesses):— - I do[swear in the name of God] that what I shall state shall be the truth, the whole truth and nothing solemnly affirm but the truth. Form No. 2 (Jurors):— I do[swear in the name of God] that I will well and truly try and true deliverance make between the solemnly affirm State and the prisoner (s) at the bar, whom I shall have in charge, and a true verdict give according to the evidence. Form No. 3 (Interpreters):— I do[swear in the name of God] that I will well and truly interpret and explain all questions put to and solemnly affirm evidence given by witnesses and translate correctly and accurately all documents given to me for translation. Form No. 4 (Affidavits):— I do[swear in the name of God] that this is my name and signature (or mark) and that the content of this solemnly affirm my affidavit are true. STATEMENT OF OBJECTS AND REASONS The Law Commission, in its 28th Report on the Indian Oaths Act, 1873, has recommended the re-enactment of the Act with certain modifications. The main recommendations relate to sections 6, 7 and 9 to 12 of the Act. Section 6 is proposed to be modified to the effect that a witness, interpreter or juror may, instead of making an oath make an affirmation, so as to give every such person the liberty of making an affirmation irrespective of its religious persuasions or whether or not he raises any objection to make an oath. In order that there may be uniformity in the form to be adopted in the matter of any oath or affirmation, affidavit, etc., in the Courts throughout the country, the forms prescribed by the High Courts in this behalf are being adopted and are proposed to be set out in a Schedule to the Bill. Where a witness desires to make an oath or affirmation in any other form which is regarded as common amongst, or held binding by, persons of the class to which he belongs, he should, it is proposed, be allowed to do so. It is also considered necessary that oaths and affirmations should be administered by the presiding officer of the Court himself except in the case of the Supreme Court and the High Courts. Section 7 is proposed to be amended for these purposes.

Source: India Code