13Declaration or affirmation instead of oath

#### 13 Declaration or affirmation instead of oath 13 Declaration or affirmation instead of oath > > (1) Subject to the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), whenever any person— > > > > > (a) called as a witness in any Court or before any Judge or other person authorised to administer an oath, whether in a civil or criminal proceeding, or > > > > > (b) having to make a statement in any information, complaint, or proceeding in any Court or before any Judge, or > > > > > (c) required or desired to make an affidavit or deposition, > > > > objects to take an oath, or is reasonably objected to as incompetent to take an oath, or appears to such Court or Judge or person so authorised incompetent to take an oath, the person may in lieu of such oath— > > > > > (i) when so called as a witness make a declaration in the form in the Sixth Schedule, or > > > > > (ii) in any other case make a solemn affirmation in the form in the Seventh Schedule. > > > (2) Whosoever, having made such declaration or affirmation, wilfully gives any false evidence before such Court, Judge or person so authorised, or makes any false statement in such information, complaint, proceeding, affidavit, or deposition, knowing the same to be false, shall be deemed guilty of perjury if the evidence or statement, had it been on oath, would by law have been perjury. > > **s 13:** Am 1995 No 27, Sch 1; 2001 No 121, Sch 2.160 \[2\]; 2025 No 61, Sch 2.69\[5\] \[6\].