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A Magistrate lawfully examines an adult witness in a criminal inquiry. What may the Magistrate do…

Sections 3 and 4 of the Oaths Act, 1969 allow a Magistrate who is authorised to receive evidence to administer an oath or affirmation to an adult witness. Section 5 permits…

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A Magistrate lawfully examines an adult witness in a criminal inquiry. What may the Magistrate do before taking the witness’s evidence?

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Answer and explanation

Correct answer A

Sections 3 and 4 of the Oaths Act, 1969 allow a Magistrate who is authorised to receive evidence to administer an oath or affirmation to an adult witness.

Section 5 permits the witness to make an affirmation instead of taking an oath.

Option feedback

Option A

The Magistrate’s authority to receive the evidence includes the power to administer an oath or affirmation.

Option B

The Oaths Act provides for taking evidence on oath or affirmation. It does not substitute an affidavit for the examination in this situation.

Option C

The inquiry Magistrate may administer it when receiving the evidence.

Option D

Authority to receive the evidence is sufficient for the Magistrate to administer the oath or affirmation.

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