Procedure for swearing on Holy Quran (Oath proceedings) is not applicable to criminal proceedings under Article 163 of Qanun-e-Shahadat Order 1984. PLJ 1996 Cr.C. (Lah.) 901, Abdul Sattar.
Special oath whether binding: Offer to abide by the oath of opposite party and its acceptance by the other party is in the nature of an agreement and the question whether the party who offered can resile from it depends on the facts and circumstances of each case. PLD 1997 S.C. 823, Mahmood Ali Butt v. I.G. Police Punjab etc.
Evidence recorded on solemn affirmation and not on oath, High Court held, after amendment of sec. 6 of Oaths Act, 1873 by Federal Laws Revision and Declaration Ordinance, 1981 it was compulsory for Muslim witnesses to depose on oath. Order for resummoning prosecution witnesses to depose on oath held proper. PLD 1996 Lah 391, Zafar Ali etc.
Form of oath to witness as prescribed by High Court is: "I swear by Allah Almighty that the evidence that I shall give before the Court in this case matter shall be the truth; the whole truth and nothing but the truth; that I shall conceal nothing from the Court, and that if I say anything which is untrue or conceal anything the wrath of Allah may fall on me."
However, if prescribed oath is not administered, the irregularity is curable u/s. 13 of the Oath Act, 1992 SCMR 408, Sajjad Ahmed etc.