This Act may be called The Oaths Act, 1872.

It extends to British India, applies to all oaths or affirmations taken or made by or administered to British subjects in Native Indian States,

Commencement. and it shall come into force on the passing thereof.

Every person who may by law be sworn or called upon to make a solemn affirmation, in any capacity whatever, may, if he objects to such oath or solemn affirmation, make in place thereof a simple affirmation to the same effect, omitting the words So help me God, In the presence of Almighty God, or other expressions of the same nature.

If any party to, or witness in, any judicial proceeding offers to give evidence on oath 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, tender such oath to him.

If any party to any proceeding offers to be bound by any such oath as is mentioned in the first paragraph of this section, if such oath is taken hy the other party to, or by any witness in, such proceeding, the Court may, if it thinks fit, ask such party on witness whether he will take the oath or not.

If such party or witness accepts such oath, the Court may proceed to administer it, or if it is of such a nature that it may he more conveniently taken out of Court, the Court may issue a Commission to any person to administer it, and authorize such person to take the evidence of the person to he sworn and return it to the Court.

The evidence so given shall, as against the person who offered to he bound by it, be conclusive proof of the matter stated.

If the party or witness refuses to take the oath he shall not be compelled to take it, but the Court shall record, as part of the proceedings, the nature of the oath proposed, the facts that he was asked whether he would take it, and that he refused it, together with any reason which he may assign for his refusal.

No omission to take any oath or to make any solemn or simple 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, substitution, or irregularity took place.

Nothing in this Act shall apply to oaths or affirmations prescribed by any law which, under the provisions of the Indian Councils' Act, 1861, the Governor General in Council has not the power to repeal.