Kyu Khate the Geeta ki Kasam? | Indian Oaths Act

Summary

The practice of swearing an oath on religious texts like the Gita, Quran, and Bible in Indian courts has evolved significantly over time. Historically rooted in the Mughal and British eras, this practice reflected deep religious devotion. However, post-independence, the Law Commission of India in 1969 recommended a secular and uniform oath system, replacing religious texts with a simple declaration. False oaths or evidence are punishable under Section 153 of the IPC. Today, religious texts are no longer required, and children under 12 are exempt from taking an oath in court.

Takeaways

• 😀 The tradition of swearing an oath on religious texts like the Gita, Quran, and Bible dates back to the Mughal era in India.
• 😀 During the Mughal period, it was believed that swearing an oath on one's holy book ensured truthfulness.
• 😀 The practice continued under British rule and remained common in Indian courts post-independence.
• 😀 After independence, the practice of swearing on religious texts was standardized in courts across India for people of different religions.
• 😀 The Law Commission of India, in its 28th report in 1969, recommended moving away from swearing on religious texts towards a more secular oath system.
• 😀 By 1969, the practice of swearing on religious books was replaced with an affirmation to tell the truth, making the oath process more inclusive.
• 😀 The change in the oath system was designed to make it more uniform and cooler, reflecting India's secular values post-independence.
• 😀 The Law Commission's 1969 recommendations aimed to eliminate the religious component of the oath-taking process in Indian courts.
• 😀 Today, no one in Indian courts takes an oath on the Gita, Quran, or Bible; instead, individuals simply swear to tell the truth.
• 😀 Lying under oath or providing false evidence in court is a punishable offense under Section 153 of the Indian Penal Code (IPC), with penalties including imprisonment and fines.

Q & A

What is the historical significance of swearing an oath on religious texts in Indian courts?

Swearing an oath on religious texts like the Gita, Quran, and Bible in Indian courts dates back to the Mughal era, when it was believed that a person would not lie if their religious faith was involved. The practice continued under British rule and was seen as a way to ensure honesty, reflecting the deep spiritual connection people had with their faith.

When did the practice of swearing an oath on religious texts in Indian courts end?

The practice of swearing an oath on religious texts was officially phased out in 1969, when the Indian legal system moved towards a uniform oath-taking process that no longer required religious texts.

What changes occurred in the Indian legal system regarding oaths after independence?

After India's independence, the legal system evolved to standardize the oath-taking process. The change took place in 1969, when the law no longer required individuals to swear on religious texts but instead allowed them to take an oath in the presence of God, ensuring a more neutral and inclusive practice.

Why was the practice of swearing oaths on religious texts introduced during the Mughal era?

The practice was introduced during the Mughal era because people's deep religious faith and connection to their texts were seen as a powerful way to ensure truthfulness. It was believed that if someone swore on their religious scripture, they would not lie.

What role did the British play in the practice of swearing oaths on religious texts?

The British adopted and institutionalized the practice of swearing oaths on religious texts in Indian courts. They saw this as a way to maintain control and ensure honesty among the Indian population, who were deeply connected to their religious traditions.

What happened in 1969 that led to changes in the oath-taking system in India?

In 1969, the Law Commission of India recommended changes to the oath-taking system. The commission proposed that the practice of swearing on religious texts be replaced with a uniform oath that did not involve religious scriptures, making the process more secular and applicable to all citizens.

What does Section 153 of the Indian Penal Code say about false oaths?

Section 153 of the Indian Penal Code (IPC) deals with the punishment for providing false evidence or taking a false oath. If someone intentionally lies under oath or presents false evidence, they can face legal consequences, including imprisonment and fines.

What is the legal punishment for lying under oath in India?

Lying under oath is considered a punishable offense under Section 153 of the IPC. A person caught giving false evidence or lying during an oath may face imprisonment and fines, depending on the severity of the offense.

How does the oath-taking process differ for minors in Indian courts?

In Indian courts, if a person is under 12 years old, they are not required to take any oath. Instead, they are allowed to provide evidence in their own words, without the need for an oath or affirmation.

What was the impact of the 1969 legal reforms on the Indian judicial system?

The 1969 legal reforms aimed to make the judicial process more uniform, secular, and inclusive. By removing the requirement to swear on religious texts, the reforms helped ensure that people of all faiths could participate in the legal process without religious constraints, making the system more neutral and accessible.