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j) Administering unlawful Oaths
Of course, it is immaterial whether the public speeches impute the misconduct to the public officer in a direct manner or indirectly, by such hints or modes of expression as are likely to convey the intended meaning to the persons to whom the speeches are addressed. Taking the words in the same sense in which the rest of mankind would ordinarily understand them, it is for the judge to say whether, in his mind, they convoy the idea of imputed malversation.
(j) Administering unlawful Oaths
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Whosoever shall administer or cause to be administered or token any oath or engagement intended to bind the persons taking the same to engage in any mutinous purpose or seditious purpose to disturb the public peace, or to be of any association, society or confederacy formed for any such purpose shall be punished with imprisonment from seven months to two years.
This punishment shall also apply when the oath or engagement is intended to bind the person taking the same in any of the modes following:
i. To obey the orders of any committee or body of men not lawfully constituted or of any leader or other person not having authority by law for such purpose
ii. Not to inform or give evidence against any associates or other person or not to reveal or discover any illegal act done, attempted or intended to be done by such person or any other. (Section 76)
This provision was framed on Section 1 of the Unlawful Oaths Act, 1797 of the United Kingdom45 . The reason for the passing of this Act is thus set out in the preamble whereas diverse wicked and evil disposed persons have of late attempted to seduce persons serving in His Majesty's forces by sea and land, and others of His Majesty's subjects from their duty and allegiance to His Majesty and to incite them to acts of mutiny or sedition and have endeavoured to give effect to their wicked and traitorous proceedings by imposing upon the persons whom they have attempted to seduce the pretended obligation of oaths unlawfully administered; be it enacted etc" .
45 37 Geo, 3 c. 123
