Can Hindus and Buddhists swear oaths?

Hinduism and Buddhism are two closely-related religions with over a billion adherents worldwide. It should not therefore be surprising that people frequently ask whether a Hindu or a Buddhist can swear an oath to make an affidavit.

In the case of a Hindu, the answer is straightforward: yes, the common law permits a Hindu to swear an oath. Accordingly, a Hindu can make an affidavit in this way.

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For Buddhists however, the answer is not quite that simple. To explain why requires an explanation of the common law history of oaths, starting with how the principles apply to Hindus.

A Hindu has been permitted to swear an oath at common law since the celebrated case of Omychund v Barker. In that case, Hindus were permitted to give sworn evidence in court on oath. The court explained that, under the common law:

(1) a person of any religion is competent to testify on oath provided that they hold a belief in the existence of a God, and a belief that there is a system of rewards and punishments for their acts by that God; and

(2) the oath can be administered with such ceremony and in such form as the witness declares to be binding on their conscience.

Turning to Buddhists, it is the first point decided in Omychund v Barker that causes the difficulty. This is because, unlike Hindus, Buddhists do not believe in the existence of a God. That suggests that a Buddhist would not satisfy the test for taking an oath at common law set out in Omychund v Barker.

The issue of whether a Buddhist can take an oath at common law does not appear to have been revisited since.

However, despite not meeting the test for an oath at common law, in some jurisdictions Buddhists can and do validly swear oaths to make affidavits. This is because of legislative changes it that particular jurisdiction which amend the effect of the common law.

An obvious form of legislative wording is one that states that a person may take an oath even if the person’s religious or spiritual beliefs do not include a belief in the existence of a god. Clearly this would allow Buddhists to take an oath.

Therefore the answer to the question is that a person of the Hindu religion is able to take an oath to swear an affidavit, and a Buddhist may perhaps be able to do so depending on the rules that apply in the relevant jurisdiction.