Section 5. Affirmation by persons desiring to affirm
A witness, interpreter or juror may, instead of making an oath, make an affirmation.
Judgements applying section 5
Deaf and dumb witness testimony; Section 119 Indian Evidence Act, 1872; interpreter and special educator; oath administration; Oaths Act 1969 ss.4, 5, 7; Section 164 Cr.P.C. statement; Section 313 Cr.P.C. enquiry; attempt to commit rape; Section 511 IPC with Section 376(2)(j)(l) IPC; Section 323 IPC;
DisposedOpenRSA-496-2001 (O&M), High Court of Punjab and Haryana at Chandigarh (reserved 12.05.2025; decided 02.06.2025), Anil Kshetarpal, J. Keywords: proof of Will dated 14.10.1982; attesting witness refused oath; solemn affirmation not offered; Sections 4 and 5 Indian Oaths Act 1969; deposition cannot be read;
DisposedOpenAppeal against conviction for rape of a deaf-and-dumb woman. The High Court found the prosecutrix's statement was recorded through her unsworn mother as interpreter, seized articles reached FSL after eleven unexplained months with no DNA profiling, and her Section 161 statement came over a year late;
AllowedOpenA revision petition challenged the conviction and sentence for theft. The High Court emphatically dismissed the appeal, upholding the lower courts' findings. The Court ruled that minuscule variances or infirmities in evidence do not warrant rejection of the prosecution case unless discrepancies go to the core of…
DismissedOpenA man convicted under Section 304(II) IPC for killing an old man with a stone during a quarrel appealed his conviction; the deceased's son sought revision for remand.
DismissedOpenHIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on:01.10.2021 Pronounced on:12.10.2021 CRMC No.379/2018 MOHAMMAD AMIN BHAT ...PETITIONER(S) Through: - Mr. M. Saleem Parray, Advocate. Vs. MOHAMMAD SARTAJ MADNI …RESPONDENT(S) Th
DismissedOpen
Show 4 more
HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE PRESENT: THE HON’BLE JUSTICE SOUMEN SEN & THE HON’BLE JUSTICE RABINDRANATH SAMANTA CRA 69 of 2019 Raju Roy -vs.- State of West Bengal & Anr. For the Appellant : Md. Zohai
DismissedOpenCOURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR THURSDAY, THE 07TH DAY OF JANUARY 2021/17TH POUSHA, 1942 Crl.Rev.Pet.No.1024 OF 2007(C) AGAINST THE JUDGMENT IN Crl.Appeal No.327/2006 DATED 24-01-2007 OF SESSIONS
AllowedOpenCOURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3381 of 2017 Arising Out of PS. Case No.-28 Year-2013 Thana- ARWAL MAHILA District- Jehanabad ====================================================== Azad Khan S/o Shamshad Khan, Resident
DisposedOpenBEFORE HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN JUDGEMENT AND ORDER (CAV) (Ujjal Bhuyan, J.) Heard Mr. N. Dutta, learned Senior counsel and Mr. A.M Bora, learned cou nsel for the appellants. Also heard Mr. M.