Section 6. Forms of oaths and affirmations
(1) All oaths and affirmations made under section 4 shall be administered according to such one of the forms given in the Schedule as may be appropriate to the circumstances of the case:
Provided that if a witness in any judicial proceeding desires to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the class 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 hereinbefore contained, allow him to give evidence on such oath or affirmation.
(2) All such oaths and affirmations shall, in the case of all courts other than the Supreme Court and the High Courts, be administered by the presiding officer of the court himself, or, in the case of a Bench of Judges or Magistrates, by any one of the Judges or Magistrates, as the case may be.
Judgements applying section 6
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
DismissedOpenA culpable homicide conviction arising from a single firewood blow was set aside. The Court held that the head strike was accidental and an act of private defence, and that the prosecution failed to establish the requisite knowledge. The appeal was allowed, with acquittal, immediate release and return of any fine paid.
DismissedOpenMISC. PETITION NO. 1782/2009 (Om Prakash Suthar Vs. The State of Rajasthan & Ors.) DATE OF ORDER : 08.02.2012 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Rakesh Matoria, for the petitioner. Mr. Anil Joshi, Public Prosecutor. REPORTABLE The presen
PremptoryOpen- DismissedOpen