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