EVIDENCE ACT 1906 - SECT 97

EVIDENCE ACT 1906 - SECT 97

97 .         Evidence to be on oath except in some cases

        (1)         Subject to any other Act in which express provision is made to the contrary, in any civil or criminal proceeding, or in any inquiry or examination in any court or before any person acting judicially, every witness other than —

            (a)         a witness the evidence of whom may be received pursuant to this Act though not given on oath; and

            (b)         a witness called for the purpose only of producing a document, where there is another witness called or to be called who can identify the document; and

            (c)         counsel giving evidence of the terms of a compromise reached between the parties to litigation in which he acted for one of those parties; and

            (d)         a judge, or counsel, giving evidence by way of explanation of a case in which he acted as such,

                shall give evidence on oath.

        (2)         In any criminal proceeding, no accused person shall be entitled to make a statement of fact at his trial, otherwise than by way of admission of a fact alleged against him so as to dispense with proof of that fact, unless such statement is made by him as a witness.

        (3)         The form of oath for a witness is as follows —

                I [ insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005 ] that the evidence I will give in this case will be the truth, the whole truth and nothing but the truth.

        [Section 97 inserted: No. 142 of 1976 s. 2; amended: No. 24 of 2005 s. 44.]

[ 98-100.         Deleted: No. 24 of 2005 s. 45.]