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Oath means something declared or promised. A solemn, formal declaration or
promise to fulfill a pledge, often calling on God, a god, or a sacred
object as witness.
“Oath” shall include affirmation and declaration in the case of persons
by law allowed to affirm or declare instead of swearing. ….. [Section
3(36) of the General Clauses Act, 1897]
The word "oath" includes a solemn affirmation substituted by law for an
oath, and any declaration required or authorized by law to be made before a
public servant or to be used for the purpose of proof, whether in a Court
of Justice or not. ….. [Section 51 of the Penal Code, 1860]
All that is necessary to an oath is an appeal to the Supreme Being, as
thinking him the rewarder of truth, and avenger of falsehood. …..
[Omychund vs. Barker, 1 Atk. 21, 48, 26 Eng. Reprint. 15]
The oath of office of the Judges of the Supreme Court requires that they
will preserve, protect and defend the Constitution and the laws of
Bangladesh. These are not mere ornamental empty words. These glorifying
words of oath eulogize the supremacy of the judiciary- Constitution of
Bangladesh, 1972, Article 95. ….. [Dr. Mohiuddin Farooque, Secretary
General, Bangladesh Environmental Lawyers Association (BELA) vs. Bangladesh
and others, 22 BLD (HCD) 631]
Administration of an oath to an accused person is opposed to public policy.
Such administration of oath to an accused is an express statutory
illegality and if oath is illegally administered to an accused, the
statement made by him cannot be used as evidence. ….. [Abdur Rashid vs.
The State, (1970) 22 DLR 110]
See, The Oaths Act, 1873
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