Section 192: Solemn affirmation

192. Solemn affirmation (1) Every person of the Hindu or Moslem faith shall make affirmation to the following effect— “I solemnly affirm in the presence of Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth.” (2) Any person who knowingly makes a false affirmation shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 10 years. (3) — continued on page C54 – 53 C54 – 52 (1) [Issue 4] Revised Laws of Mauritius (4) Without prejudice to subsections (1) and (2), any party to, or witness in, any judicial proceeding, civil or criminal, who is a Hindu or Moslem, or any person whose religious belief prevents him from taking the ordinary oath, may be called upon— (a) by any other party to such proceeding; or (b) in any criminal proceeding, by the prosecutor or the accused, to give evidence on oath or solemn affirmation in any form common among, or held binding by, persons of the race or persuasion to which he belongs and not repugnant to justice or decency, and the Court may tender such oath or affirmation notwithstanding subsection (1) or any other enactment. (5) Where the oath or affirmation is of such a nature that it may be more conveniently made out of Court, the Court may issue a commission to any person to administer it, and the Court on being satisfied that the oath or affirmation has been administered may proceed to take evidence of the party or witness accordingly. (6) Where the party or witness refuses to make the oath or solemn affirmation referred to in subsection (4), he shall not be compelled to make it, but shall give evidence on making the solemn affirmation, referred to in subsection (1), or the declaration prescribed by section 190, and the Court shall record as part of the proceedings, the nature of the oath or affirmation proposed, the fact that he was asked whether he would make it, and that he refused it, together with any reason which he may assign for his refusal. (7) Subsections (4), (5) and (6) shall apply to articles 1357 to 1369 of the Code Civil Mauricien.