“Main Gita Pe Haath Rakh Kar Shapath Leta Hoon”. But Why?

In India, there is a common misconception that the Bhagavad Gita is still used in Indian courtrooms for swearing oaths. This misunderstanding may stem from scenes in Bollywood movies. While such practices existed historically, they are no longer legally valid.

In this weekly we will explore the historical context of using religious texts for oaths and we shall examine what the process of taking oaths  is in India today.

Why were Oaths Taken on Religious Texts?

Historically, during the Mughal and British eras, it was common for witnesses to swear oaths on religious texts. This was based on the belief that invoking sacred scriptures would compel individuals to speak truthfully.

Conventionally, the Hindus might have sworn on the Bhagavad Gita or the holy water of the Ganges, while the Muslims swore on the Quran.

Evolution of the system 

Laws in the 19th century began to shift this practice. Initially, laws allowed for ‘solemn affirmation’. These are expressed oaths, overseen by a court officer, in the trial courts, which replaced oaths on religious texts.. This was extended to the High Courts in 1863, and with the enactment of the Indian Oaths Act of 1873, the practice changed completely. However, some British-era courts, notably the Bombay High Court, permitted non-Hindus and non-Muslims to swear oaths on their religious texts until the mid-1950s. Christians swore on the New Testament, Jews on the Hebrew Testament, and Parsis on the Zend-Avesta. Also, Hindus and Muslims could simply solemnly affirm in the presence of God.

This distinction in oath-taking based on religion ended in 1969. Following recommendations from the 28th report of the Law Commission of India, the Oaths Act of 1969 was passed, establishing a uniform system for all. 

What is the current law on oaths in courts?

The Oaths Act, 1969 allows witnesses to swear in the name of a universal God or solemnly affirm, without reference to any specific religious denomination, using the prescribed format: “I do swear in the name of God/solemnly affirm that what I shall state shall be the truth, the whole truth and nothing but the truth”. Children under the age of 12 don’t have to take such oaths. The exact wording of the oath differs depending on who is the oath-taker. 

How do we take oaths in India now?

• This law  allows people to either “swear in the name of God” or “solemnly affirm” the truth.
• The prescribed format emphasizes the person stating “the truth, the whole truth, and nothing but the truth”.
• This Act establishes a secular approach, moving away from mandatory oaths on specific religious texts.
• In certain cases, a Court may allow oath takers to swear according to a practice or custom that is common to the group or community they belong to and are bound to.  This is based on the condition that it is not indecent or immoral and that does not negatively impact a third party. 
• Besides verbal oaths, the Act allows for written affidavits as affirmations to the evidence. 

The Act lists down who all must take oath in a judicial proceeding. These include, the witnesses in a trial, the judges and the court interpreters. 

What is the punishment for lying under oath in the Court? 

According to Section 227 of the Bharatiya Nyaaya Sanhita (BNS), anyone who has taken an oath in any legal procedure is duty bound to say the truth. If such a declaration is found to be false, then they may be punished. Section 229 of the BNS states, the punishment for false evidence will be jail time up to seven years and or a fine up to Rs 10,000. 

In contemporary Indian courts, the focus is on the individual’s commitment to truthfulness, regardless of their religious beliefs.  

Social Media: Are religious texts still the guarantor of  ‘Sach ke siva kuch nahi kahunga’ in Indian Courts? What are the laws that govern the process of oath taking in India? Read our Weekly here to find out.