Hope everyone around the World is taking necessary precautions to stay safe and healthy.
Today after few days thought about writing on using Bhagavad Gita for swearing oaths in Indian Courts.
First of all it is a misconception that swearing in Indian Courts is done presently on the Holy Bhagavad Gita.The practice of swearing on religious books was prevalent during Mughal Era but it was abolished and a uniform practise was established during the British Rule in India. The law received proper recognition after “Indian Oaths Act, 1873” which extended uniform system of oath to all the Courts.But Bombay High Courts carried out Holy Book oaths till 1957(That might be the reason why many old Hindi Films depict swearing on Bhagavad Gita, leading to a wider misconception).
As per provisions of Oaths Act 1969, a person can either swear in the name of God or solmenly affirm to state the truth while either diposing in a Court or filing an affidavit.
“The two options clearly indicate that if a person is a believer in God or Almighty then he or she can take oath in the name of God and if they are not believers then they can solemnly affirm to state the truth.By saying God or Almighty, the Act has ensured that there is no reference or attachment to any religion, caste or creed,”
No child under 12 is needed to take an oath.
“Now, inside courts, the Constitution is the only holy book .
In the end i can say the idea is that in case you are found to be lying of oath, you can be prosecuted for perjury.
Thanks and Stay Safe and Healthy