Section 9

If any party to any judicial proceedings of a civil nature offers to be bound by any such oath or affirmation as is mentioned in section 8, if such oath or affirmation is made by the other party to or by any witness in such proceeding, the court may, if it thinks fit, ask such party or witness, or cause him to be asked, whether or not he will make the oath or affirmation:

Oaths and Affirmations

p. 5

Provided that no party or witness shall be compelled to attend personally in court solely for the purpose of answering such question.

If such party or witness agrees to make such oath or affirmation, the court may administer it, or, if more convenient, may authorise any person to administer it and to take the evidence of the person to be sworn or affirmed, and return it to the court.

The evidence so given shall, as against the person who offered to be bound as aforesaid, be conclusive proof or the matter stated.

If the party or witness refuses to make such oath or affirmation, he shall not be compelled to make it, nor be asked his reason for refusal, but 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 voluntarily assign for his refusal.

Proceedings and evidence not to be invalidated by omission of oath or irregularity.