Can I refuse taking religious Oath in Court ?

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved
I do not believe in any religion.

Can I refuse in Court for taking Oath by religion or any religious book in the Court ?

Would they ask me to take some other oath or not ??

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Gulshan Tanwar (Expert) 27 December 2010
There is Oath by saying : By Dharma, I do say to be true and correct- it doesnt involves religion or any religious book.

and it will show on the document as "ON S.A."
As per Oath and Secrecy Act, you have to take Oath and it cannot be avoided as without Oath it will be assumed that there is no credibility to what you are saying and thus to add credibility Oath is administered before any recording.

Advocate. Arunagiri (Expert) 27 December 2010
Well explained by Mr.Gulshan.

Querist : Anonymous (Querist) 27 December 2010
AS I said ,I do not believe in any Dharama,
then what is the option?

N.K.Assumi (Expert) 27 December 2010
Even atheist can take oath and sworn without referring to God.There was discussion on the issue and Suchitra S, had explained in details.

Querist : Anonymous (Querist) 27 December 2010
Can u please give here the web link of Suchitra S madam ?

Bhawani Mahapatra (Expert) 27 December 2010
Even one have not religious faith, still he has to be administer oath. This oath has not link with any religion. Its only a symbol of faith and commitment in judiciary. There is no alternatives till date.

s.subramanian (Expert) 27 December 2010
The Constitution of India contains secularism as a basic feature. Nobody can compel you to take oath on the beliefs of any religion. You can take oath on your conscience. It is permissible in law.

Devajyoti Barman (Expert) 27 December 2010
Courts in India do not take oath on relgion.

Kirti Kar Tripathi (Expert) 28 December 2010
The Section 5 of Indian Oath Act is clear in this regard. the same is produced herein below

A witness, interpreter or juror may, instead of making an oath, make an affirmation.

Sachin Bhatia (Expert) 29 December 2010
For detail visit following Link:

http://www.vakilno1.com/bareacts/Laws/The-Oaths-Act-1969.htm

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