Section 109

Every witness before a court-martial shall be examined on oath:

Provided that where any child of tender years called as a witness does not, in the opinion of the court, understand the nature of an oath, his evidence may be received, though not given on oath, if in the opinion of the court he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth, so however that, where the evidence is given on behalf of the prosecution, the accused shall not be liable to be convicted upon such evidence alone unless it is corroborated by some other material evidence in support thereof implicating the accused.

100 Laws of Malaysia ACT 77

An oath required to be administered under this section shall be in the prescribed form and shall be administered at the prescribed time by the prescribed person and in the prescribed manner:

Provided that, if any witness offers to give evidence on oath in any form common amongst or held binding by persons of the race or persuasion to which he belongs and not repugnant to justice or decency and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding anything hereinbefore contained, cause such oath to be tendered to him.

Courts-martial to sit in open court