Oaths
OATHS ACT

CHAPTER 7:01

LAWS OF TRINIDAD AND TOBAGO

Act
32 of 1917

Amended by
45 of 1979

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–6 ..

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 7:01 Oaths

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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LAWS OF TRINIDAD AND TOBAGO

Oaths Chap. 7:01 3

CHAPTER 7:01

OATHS ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Power to administer oaths.
3. Form of oath.
4. General manner of administration of oaths.
5. Swearing with uplifted hand.
6. When affirmation may be made instead of oath.
7. Form of oral affirmation.
8. Form of affirmation in writing.
9. Oath not invalidated by absence of religious belief.

10. Oath may be taken in customary manner.
11. Swearing of interpreters.

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4 Chap. 7:01 Oaths

CHAPTER 7:01

OATHS ACT

An Act relating to the administration of Oaths.

[17TH DECEMBER 1917]

1. This Act may be cited as the Oaths Act.

2. (1) All Courts and persons having by law or consent of
parties authority to receive evidence are empowered to administer,
by themselves or, in the case of a Court, by an officer authorised
by the Court in that behalf, oaths in discharge of the duties or in
exercise of the powers conferred upon them respectively by law.

(2) An officer of a Court who in fact administers an oath
shall, prima facie, be deemed, for all purposes, to have been duly
authorised to administer the oath.

3. An oath may be administered to a person in such form and
with such ceremonies as he declares to be binding, and every such
person may, in case of wilful false swearing, be convicted of the
crime of perjury.

4. (1) Any oath may be administered and taken in the form
and manner following, that is to say, the person taking the oath
shall hold the New Testament or, in the case of a Jew, the Old
Testament, in his uplifted hand, and shall say or repeat after the
officer administering the oath the words:

“I swear by Almighty God that . . . ,”
followed by the words of the oath.

(2) The person administering the oath shall (unless the
person about to take the oath voluntarily objects, or is physically
incapable of so taking the oath) administer the oath in the above
form and manner without question. However, in the case of a person
who is neither a Christian nor a Jew, the oath shall be administered
in any manner which is now lawful.

1950 Ed.
Ch. 7. No. 10.
32 of 1917.

Commencement.

Short title.

Power to
administer
oaths.

Form of oath.

General manner
of
administration
of oaths.

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Oaths Chap. 7:01 5

5. (1) If any person to whom an oath is administered
desires to swear with uplifted hand, he shall be permitted to do so;
and in such case such person shall himself repeat the words of the
oath, which shall be as follows:

“I, A. B., swear by Almighty God”;
then proceeding with the remaining words of the oath, but omitting
the words, “So help me God.”

(2) Both the person administering and the person taking
the oath in this form shall stand while it is administered.

(3) A person sworn in this manner shall not be required
to kiss any Testament or other book or to take it into his hand.

6. Every person upon objecting to being sworn, and stating,
as the ground of such objection, either that he has no religious
belief or that the taking of an oath is contrary to his religious belief,
shall be permitted to make his solemn affirmation instead of taking
an oath, in all places and for all purposes where an oath is or shall
be required by law, which affirmation shall be of the same force
and effect as if he had taken the oath; and the penalties and other
legal consequences that would apply in relation to the oath shall
apply in relation to the affirmation.

7. Every such affirmation shall commence as follows:
“I, A. B ., do solemnly, sincerely, and truly affirm”,

and then proceed with the words of the oath, omitting any words
of imprecation or calling to witness.

8. Every affirmation in writing shall commence—
“I, ......................................., of ........................................,
do solemnly affirm,”

and the form in lieu of jurat shall be—
“Affirmed at ........................ this ....... day of .................,
20....., before me.”.

9. Where an oath has been duly administered and taken, the
fact that the person to whom the same was administered had, at
the time of taking such oath, no religious belief, shall not for any
purpose affect the validity of such oath.

Swearing with
uplifted hand.

When
affirmation may
be made instead
of oath.
[45 of 1979].

Form of oral
affirmation.

Form of
affirmation in
writing.

Oath not
invalidated by
absence of
religious belief.

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6 Chap. 7:01 Oaths

10. Subject to the express provisions of this Act, an oath may
be administered and taken in the manner and with the ceremonies
heretofore customary.

11. In every cause or matter, civil or criminal, in any Court in
Trinidad and Tobago in which, owing to the inability of any party
or witness properly to understand the English language, the services
of an interpreter are employed, he shall be sworn in respect of
each such cause or matter.

Oath may be
taken in
customary
manner.

Swearing of
interpreters.

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