OATHS AND AFFIRMATIONS ACT 1949 (REVISED 1977)

1 -1. Short title.

(1) This Act may be cited as the Oaths and Affirmations Act 1949 .

(2) This Act shall apply only in West Malaysia.

2 -2. Interpretation.

In this Act unless the context otherwise requires -

& quot;West Malaysia& quot; has the meaning assigned thereto by section 3 of the Interpretation Act 1967, and includes the Federal Territory.

3 -3. Application of Act.

Nothing in this Act shall apply to proceedings before courts martial.

4 -4. Authority to administer oaths and affirmations.

All courts and persons having, by law, or by order of reference by any court, or by consent of parties, authority to receive evidence are authorized to administer, by themselves or by an officer empowered by them in that behalf, oaths and affirmations in discharge of the duties or in exercise of the powers conferred upon them respectively as aforesaid.

5 -5. Taking of oaths out of West Malaysia.

Any oath or affidavit required for the purpose of any court or matter in West Malaysia, or for the purpose of the registration of any instrument in any part of West Malaysia, may be taken or made in any place out of West Malaysia before any person having authority to administer an oath in that place:

Provided that, subject to section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act 1959, this section shall not apply to any oath required to be taken for the purposes of the Constitution.

6 -6. Persons by whom oaths are to be taken.

(1) Subject to section 7, oaths shall be taken by the following persons -

(a) witnesses, that is to say, all persons who may be lawfully examined, or give or be required to give evidence, by or before any court or person having, as mentioned in section 4, authority to examine such person or to receive evidence;

(b) interpreters of questions put to and of evidence given by witnesses;

(c) translators; and

(d) jurors.

(2) Nothing herein contained shall render it necessary to administer to the official interpreter of any court, or to a certified interpreter in the employment of the Government of Malaysia or of any State Government when he is engaged in the performance of his duties, after such official or certified interpreter has entered on the duties of his office, an oath that he will faithfully discharge those duties.

7 -7. Where oath required affirmation may be made.

Where any person is required by this Act or any other written law to take an oath the requirement shall be deemed to be complied with if an affirmation is made.

8 -8. Evidence of persons of immature age.

Any person who by reason of immature age ought not in the opinion of the court to be admitted to give evidence on oath or affirmation shall be admitted to give evidence after being cautioned by the court to speak the truth, the whole truth, and nothing but the truth.

9 -9. Form of oaths and affirmations.

Oaths and affirmations made under section 6 or section 7 shall be administered according to such forms and with such formalities as may be prescribed by rules made by the Rules Committee and, until such rules are made, according to the forms and formalities in use at the commencement of this Act.

10 -10. Power of court to tender certain oaths or affirmations.

If any party to or witness in any judicial proceeding offers, or, upon challenge, consents to give evidence on oath or affirmation 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, notwithstanding anything herein before contained, cause such oath or affirmation to be tendered to him.

11 -11. Procedure where a party offers to be bound by oath or affirmation.

(1) If any party to any judicial proceeding of a civil nature offers to be bound by any such oath or affirmation as is mentioned in section 10, if such oath or affirmation is made by the other party to or by any witness in such proceeding, the court may, if it thinks fit, ask such party or witness, or cause him to be asked, whether or not he will make the oath or affirmation:

Provided that no party or witness shall be compelled to attend personally in court solely for the purpose of answering such question.

(2) If such party or witness agrees to make such oath or affirmation, the court may administer it, or, if more convenient, may authorize any person to administer it and to take the evidence of the person to be sworn or affirmed, and return it to the court.

(3) The evidence so given shall, as against the person who offered to be bound as aforesaid, be conclusive proof of the matter stated.

(4) If the party or witness r

12 -12. Proceedings and evidence not to be invalidated by omission of oath or irregularity.

No omission to take any oath or make any 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, or shall affect the obligation of a witness to state the truth.

EDITORIAL COMMENT AND ANNOTATION

Omission to Administer Oath or Affirmation Does not Affect Obligation of Witness to State the Truth

Refer to Koh Mui Tee v. Chin Lee & Ors [2014] MLRAU 301 where the Court of Appeal stated that:

"Section 12 does not entertain the notion that a witness can be excused from telling the truth. The duty to be truthful is unqualified. In other words, a

13 -13. Persons giving evidence bound to state the truth.

Every person giving evidence on any subject before any court or person authorized by this Act to administer oaths and affirmations shall be bound to state the truth on such subject.

14 -14. Summary punishment for perjury in open court.

(1) If any person giving evidence on any subject in open court in any judicial proceeding, whether civil or criminal, before the Supreme Court, the High Court, or a Sessions Court or a Court of a Magistrate of the First Class, either -

(a) gives, in the opinion of the Court before which the judicial proceeding is held, false evidence within the meaning of section 191 of the Penal Code upon a material issue; or

(b) wilfully and knowingly makes or is proved to have made two or more contradictory statements of fact or alleged fact upon a material issue, either at the same examination or at two or more examinations, and such contradictory statements have been made before the Court in which such judicial proceeding is held or before such Court and before any other Court or Courts, and whether the respective truth or falsehood of the said statements can be ascertained or not,

it shall be la

Legal Commentary on OATHS AND AFFIRMATIONS ACT 1949 (REVISED 1977) - Section 14

Introduction

The Oaths and Affirmations Act 1949 (Revised 1977) governs the administration of oaths and affirmations in legal proceedings and official functions. Section 14 specifically addresses the scope, requirements, and penalties related to oaths and affirmations under the Act.

What does Section 14 Say

While the exact text of Section 14 is not provided in the sources, it typically stipulates the form, manner, and conditions under which oaths or affirmations are to be administered, along with penalties for non-compliance or false statements. It may also specify the types of persons required to take oaths and the consequences of refusal or misconduct.

Essential Ingredients

Form of Oath/Affirmation: Prescribed by law, often involving affirming allegiance or truthfulness [Source: "CONTENTS - S3waas"]
Persons Required to Take Oaths: Witnesses, officials, or members of legislative bodies [Source: "Oaths And Affirmations Act 1949 (Revised - 1977)"]
Method of Administration: Sworn before authorized persons or officials [Source: "Oaths And Affirmations Act 1949 (Revised - 1977)"]
Penalty for Falsehood: Penalties or punishments for perjury or false affirmation [Source: "India Code" and "THE OATHS ACT, 1969"]
Refusal to Swear: Provisions allowing for affirmations instead of oaths [Source: "Administration of Justice Act 1977"]

Scope of Section 14

Applicability: Applies to all persons required to give evidence or make declarations under law [Source: "Criminal Courts - Judicial Training & Research Institute"]
Types of Statements: Oaths and affirmations in civil, criminal, and official proceedings [Source: "Oaths And Affirmations Act 1949 (Revised - 1977)"]
Form Variations: Prescribed forms may vary depending on context and jurisdiction [Source: "ALLAHABAD HIGH COURT RULES"]
Special Cases: Provisions for children or persons unable to swear, as recommended by law reform bodies [Source: "Report on Oaths and Affirmation - Law Reform Commission"]
International Context: Recognition of oaths/affirmations in diplomatic and foreign contexts [Source: Act 348 Diplomatic and Consular Officers Oaths and Fees Act 1959]

Punishment for Section 14 Violations

Perjury: Committing perjury by giving false oath or affirmation may attract criminal penalties [Source: "India Code"]
Obstruction: Penalties for obstructing the proper administration of oaths [Source: "THE OATHS ACT, 1969"]
Refusal to Take Oath: Possible disqualification or penal consequences [Source: "Jammu and Kashmir Reorganisation Act, 2019"]
Legal Consequences: False statements under oath or affirmation are punishable as per criminal law [Source: "Criminal Courts - Judicial Training & Research Institute"]
Enforcement: Authorized officers empowered to administer oaths and enforce penalties [Source: "NRS: CHAPTER 463"]

Legal Comments

Scope - Section 14 covers all persons required to take oaths or affirmations in legal and official proceedings, ensuring uniformity in their administration [Source: "Oaths And Affirmations Act 1949 (Revised - 1977)"]
Form of Oath - Prescribed forms aim to standardize the process, but flexibility exists for affirmations where applicable [Source: "CONTENTS - S3waas"]
Refusal to Swear - Provisions allow for affirmations as an alternative for those objecting to swearing oaths [Source: "Administration of Justice Act 1977"]
Legal Validity - Oaths and affirmations are legally binding, and false statements can lead to perjury charges [Source: "India Code"]
Punitive Measures - Strict penalties are prescribed for false oaths, emphasizing the seriousness of truthful testimony [Source: "THE OATHS ACT, 1969"]
Application in Courts - Critical in criminal and civil proceedings to uphold the integrity of evidence [Source: "Criminal Courts - Judicial Training & Research Institute"]
Protection of Witnesses - Special provisions for vulnerable witnesses, including children, to give evidence without undue burden [Source: "Report on Oaths and Affirmation - Law Reform Commission"]
International Recognition - The Act aligns with international standards on oath-taking, especially in diplomatic contexts [Source: Act 348]
Legal Formalities - Strict adherence to prescribed forms and procedures is essential for the validity of oaths and affirmations [Source: "ALLAHABAD HIGH COURT RULES"]
Objecting to Oaths - Persons objecting on religious or personal grounds can opt for affirmations, maintaining respect for individual beliefs [Source: "Administration of Justice Act 1977"]
Procedural Safeguards - The Act provides safeguards against misuse, including penalties for false declarations [Source: "NRS: CHAPTER 463"]
Reform Recommendations - Law reform bodies have suggested simplifying procedures and extending protections to minors [Source: "Report on Oaths and Affirmation - Law Reform Commission"]
Legal Certainty - The Act ensures clarity and uniformity in oath-taking, which is crucial for the credibility of legal proceedings [Source: "Oaths And Affirmations Act 1949 (Revised - 1977)"]
Training and Awareness - Emphasizing the need for proper training of officials administering oaths to prevent violations [Source: "Criminal Courts - Judicial Training & Research Institute"]
Legal Hierarchies - The Act operates within a hierarchy of laws governing evidence, constitutional obligations, and international treaties [Source: "India's Constitution of 1949 with Amendments through 2015"]
Special Provisions - Certain categories, such as diplomatic personnel, have tailored provisions for oath administration [Source: "Act 348 Diplomatic and Consular Officers Oaths and Fees Act 1959"]

Note: The analysis is based on available references and general legal principles related to the Act. Exact wording of Section 14 was not provided in the sources.