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An adult witness in a criminal inquiry chooses to take an oath. Under the Oaths Act, 1969, who may…

Sections 3 and 6(2) of the Oaths Act authorize the presiding Magistrate to administer the witness’s oath in this setting. Section 5 allows the witness to affirm instead.

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An adult witness in a criminal inquiry chooses to take an oath. Under the Oaths Act, 1969, who may administer it when a Magistrate is authorized to receive the evidence?

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Answer and explanation

Correct answer A

Sections 3 and 6(2) of the Oaths Act authorize the presiding Magistrate to administer the witness’s oath in this setting. Section 5 allows the witness to affirm instead.

Option feedback

Option A

A Magistrate authorized to receive evidence can administer the oath, and the presiding officer administers court oaths in this setting.

Option B

Conducting the investigation gives no authority to administer the court’s oath.

Option C

Calling a witness gives an advocate no power to administer the court’s oath.

Option D

The accused’s role gives no authority to administer the court’s oath.

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