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Union of India - Section

Section 45 in The Army Rules, 1954

45. Swearing or affirming of members .-As soon as the Court is constituted with the proper number of officers who are not objected to, or objections in respect of whom have been overruled, an oath or affirmation shall be administered to every member in one of the following forms or in such other form to the same purport as the Court ascertains to be according to his religion or otherwise binding on his conscience.

Form of Oath"I,.........................., swear by Almighty God that I will well and truly try the accused (or accused persons) before the Court according to the evidence, and that I will duly administer justice according to the Army Act without partiality, favour or affection, and if any doubt shall arise, then, according to my conscience, the best of my understanding, and the custom of war in the like cases; and I do further swear that I will not, on any account, at any time, whatsoever, disclose, or discover the vote or opinion of any particular member of this Court-Martial, unless required to give evidence thereof by a Court of justice or a Court-Martial, in due course of law."Form of Affirmation"I,.........................., do solemnly, sincerely and truly declare and affirm that I will well and truly try the accused (or accused persons) before the Court according to the evidence, and that I will duly administer justice according to the Army Act without partiality, favour or affection; and if any doubt shall arise, then, according to my conscience, the best of my understanding, and the custom of war in the like cases; and I do further solemnly, sincerely and truly declare and affirm that I will not, on any account at any time, whatsoever, disclose or discover the vote or opinion of any particular member of this Court-Martial, unless required to give evidence thereof by a Court of justice or a Court-Martial in due course of law".