Oath to Child witness: The main object of the Oaths Act is to render persons who give false evidence liable to prosecution. The provision of S.5 of the Oaths Act, makes it incumbent that any witness examined by a Court of law in a judicial proceeding may be administered oath or affirmation. But the proviso to that sectio makes an exceptin in case of a child witness under 12 years of age. The administration of oath or affirmation may be dispensed with if the Court which examines such witness is of opinion that though he understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. Thus, under this provision, administration of an oath or affirmation may be dispensed with when the Court forms an opinion that a child witness does not understand the nature of an oath or affirmation but understands the duty of speaking the truth.-Rameshwar Vs. State of Rajasthan, 1952 Cri.L.J. 547 (Supreme Court)
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