Introduction of BNS Section 213
BNS Section 213 deals with situations where a person refuses to take an oath or affirmation when asked to do so by a judge or another public servant who has the legal authority. Taking an oath or affirmation is a formal promise to tell the truth, and it plays a vital role in court proceedings and official investigations. By making refusal punishable, this law ensures that individuals cannot escape their duty to speak truthfully in front of lawful authorities.
The Bharatiya Nyaya Sanhita (BNS) Section 213 replaces the old Indian Penal Code (IPC) Section 178.
What is BNS Section 213 ?
BNS Section 213 states that if a person is required by a public servant to take an oath or make an affirmation, and they refuse to do so, they can be punished. The punishment can be up to six months in jail or a fine of up to ₹5,000, or both. The section ensures that people cannot avoid their responsibility to tell the truth when asked to do so by the court or law enforcement.
Under Section 213 of the bns act 2023
Whoever, when required by law or by a public servant to take an oath or make an affirmation before giving evidence or a statement, refuses to do so, shall be punished with simple imprisonment up to six months, or with a fine up to ₹5,000, or with both.”
1. Meaning of “Refusal to Take an Oath or Affirmation”
- An oath or affirmation is a formal promise to tell the truth before giving testimony or a statement.
- It is commonly taken in courts or official inquiries before witnesses or accused persons give their statements.
- If a person refuses to take this oath when legally required, it is treated as a punishable offence.
- The law ensures that people cannot avoid their responsibility to speak the truth in legal proceedings.
2. Who is Covered?
This section applies to:
- Witnesses who are called to give testimony in court.
- Accused persons who are legally required to make a statement under oath.
- Any person examined by a public servant (like a judge, magistrate, or police officer authorized to take oaths).
3. Nature of the Offence
- Non-cognizable → Police cannot arrest without a warrant.
- Bailable → The accused has the right to bail.
- Non-compoundable → The matter cannot be settled privately; it must go through court.
- Triable by the Court/Any Magistrate → If the refusal happens in a courtroom, that court will try the case. Otherwise, it is triable by any Magistrate.
4. Examples of BNS Section 213
Example 1 – Refusal in Court:
A judge asks a witness to swear on oath before testifying in a fraud case. The witness refuses to take the oath. → Punishable under Section 213.
Example 2 – Refusal During Investigation:
During a police inquiry, an officer authorized by law asks a person to affirm that their statement is true. The person refuses. → Punishable under Section 213.
Example 3 – Not Guilty Case:
If a person is asked to take an oath by someone who has no legal authority to demand it, refusal is not an offence.
5. Punishment under BNS Section 213
- Imprisonment → Simple imprisonment up to 6 months.
- Fine → Up to ₹5,000.
- Both → Depending on the seriousness, the court may impose both imprisonment and fine.
6. Importance of BNS Section 213
- Protects the truth → Ensures people cannot avoid truth-telling by refusing oath/affirmation.
- Supports justice → Legal proceedings depend on honest and committed testimony.
- Maintains discipline in courts → Ensures cooperation of witnesses and parties in trials.
- Creates accountability → Citizens cannot escape responsibility during investigations or trials.
Section 213 BNS Overview
BNS Section 213 addresses the offence of refusing to take an oath or affirmation when required by a public servant. This section comes into play when an individual is legally obligated to swear to tell the truth or affirm their statements before a public servant, such as during a legal proceeding or investigation. Refusal to comply with this obligation can result in legal consequences.
BNS Section 213: 10 Key Points Explained in Detail
- Legal Obligation to Take an Oath or Affirmation: This section applies when a person is legally required to take an oath or make an affirmation. An oath or affirmation is typically administered during legal proceedings or investigations to ensure that the person gives truthful testimony or information. It acts as a moral and legal commitment that the individual will speak honestly. The public servant must be legally competent to demand this oath, which means they have the legal authority to do so.
- Refusal to Take the Oath or Affirmation: Refusal to bind oneself by oath or affirmation is considered an offence under BNS Section 213. When a person refuses to take the required oath or affirmation, they are essentially rejecting the legal obligation to speak the truth. This refusal could occur in court, during a police investigation, or any other situation where a public servant demands it for legal purposes. By refusing, the individual disrupts the legal process, which relies on truthful information to function effectively.
- Consequences of Refusal: The refusal to take an oath or affirmation carries legal consequences under this section. The refusal is seen as an attempt to obstruct justice or evade responsibility. Since taking an oath or making an affirmation is crucial for ensuring truthful testimony, refusal implies that the person may not want to be held accountable for their words or actions, thus undermining the legal system.
- Public Servant’s Authority to Administer Oath: Not every individual can demand an oath or affirmation. The authority lies only with public servants who are legally empowered to administer such procedures. These include judges, police officers, or other officials conducting legal or official inquiries. They have the power to demand an oath or affirmation to ensure that the statements given are truthful and reliable. The law ensures that only those with the necessary legal authority can demand this, preventing misuse.
- Punishment: Simple Imprisonment: If a person refuses to take the oath or affirmation, they can be punished with simple imprisonment. This type of imprisonment is considered less severe compared to other forms like rigorous imprisonment. In simple imprisonment, the individual is confined but not subjected to hard labor or additional punishment. The term can extend to a maximum of six months, depending on the seriousness of the refusal and its impact on the legal process.
- Punishment: Fine: Besides imprisonment, the court may impose a fine of up to ₹5,000. This financial penalty serves as a deterrent and ensures that individuals respect the legal obligation to provide truthful testimony. The fine can be imposed alone or in combination with imprisonment. In cases where the refusal to take an oath causes delays or problems in a legal case, the fine acts as a punitive measure to hold the person accountable.
- Both Imprisonment and Fine Possible: The court has the discretion to impose both imprisonment and a fine. This is especially relevant in cases where the refusal to take an oath or affirmation significantly obstructs justice. The combination of penalties reflects the seriousness of the offence and serves as a stronger deterrent, particularly in cases involving public safety or important legal matters.
- Non-Cognizable Offence: A non-cognizable offence means that the police cannot arrest the person without a warrant. For offences under BNS Section 213, the individual cannot be detained immediately by law enforcement. Instead, a formal complaint must be filed, and a court must issue an arrest warrant if necessary. This reflects the fact that the offence is not considered highly dangerous but still warrants legal attention.
- Bailable Offence: BNS Section 213 is a bailable offence, meaning that the accused has the right to apply for bail. Once arrested or brought to court, the accused can request bail, which allows them to remain free while awaiting trial. Bail ensures that the accused does not have to spend unnecessary time in custody, as long as they comply with the court’s conditions and attend the trial.
- Trial by the Court Where Offence Occurred: If the refusal to take an oath or affirmation occurs during a court proceeding, the same court will try the case. For example, if a witness refuses to take an oath during a trial, the same trial court will handle the case under Section 213. If the refusal occurs outside the courtroom, any Magistrate has the jurisdiction to try the case. This ensures that the case is handled efficiently and in a timely manner.
BNS Section 213: 2 Examples
- Example 1: During a court proceeding, the judge asks a witness to take an oath to swear to the truth of their testimony. The witness refuses to take the oath, despite being legally required to do so. This refusal makes the witness liable under BNS Section 213 and may result in imprisonment or a fine.
- Example 2: A police officer, during an investigation, asks a person to affirm that the information they are about to give is truthful. The person refuses to make this affirmation, knowing they are legally required to do so. This refusal constitutes an offence under BNS Section 213.
BNS 213 Punishment
- Imprisonment: Refusing to take an oath or affirmation can result in simple imprisonment for up to 6 months. This type of imprisonment is generally less severe than other forms and is intended to penalize without causing undue hardship.
- Fine: In addition to or in place of imprisonment, the offender may face a fine of up to ₹5,000. This fine serves as a financial penalty for non-compliance with legal obligations.
BNS 213 bailable or not ?
BNS Section 213 is a bailable offence, meaning that the accused can apply for bail and avoid being detained during the course of the trial. The court usually allows bail unless there are special reasons to deny it.
Comparison Table – BNS Section 213 vs IPC Section 178
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 213 | Punishes anyone who refuses to take an oath or make an affirmation when required by a public servant legally authorized to administer it. This ensures honesty during judicial or investigative proceedings. | Simple imprisonment up to 6 months, or fine up to ₹5,000, or both. | Bailable | Non-Cognizable | Same Court or Any Magistrate |
| IPC Section 178 (Old) | Penalized refusal to take an oath or affirmation when legally required, but imposed a smaller fine and had less emphasis on judicial compliance. | Imprisonment up to 6 months, or fine up to ₹1,000, or both. | Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS 213 increases the fine limit from ₹1,000 to ₹5,000 and reinforces the duty to take oaths or affirmations when legally required. IPC 178 had weaker deterrence and lower penalties, now modernized under the BNS. | |||||
BNS Section 213 FAQs
What is BNS Section 213 about?
BNS Section 213 deals with individuals who refuse to take an oath or affirmation when legally required to do so by a public servant.
What is the punishment for refusing an oath?
The punishment includes simple imprisonment for up to 6 months or a fine of up to ₹5,000, or both.
Is BNS Section 213 a cognizable offence?
No, it is a non-cognizable offence, meaning the police cannot arrest someone without a warrant.
Can a person get bail for refusing to take an oath?
Yes, this offence is bailable, so the accused can apply for bail and avoid being held in custody during the trial.
Who can try cases under BNS Section 213?
If the offence is committed in court, that court will try the case. If committed outside, any Magistrate can handle the trial.
Is the refusal to take an oath considered a serious offence?
While refusal to take an oath can disrupt legal processes, it is considered a less severe offence, which is why the penalties include simple imprisonment and a fine.
Conclusion
BNS Section 213 strengthens the justice system by making it an offence to refuse to take an oath or affirmation when legally required. Courts and public authorities rely on truthful testimony to ensure fair decisions. If someone refuses to bind themselves to speak the truth, it disrupts justice and weakens accountability.
By prescribing up to six months of simple imprisonment or a fine of ₹5,000 (or both), this section highlights the importance of honesty in legal proceedings. In short, it ensures that no one can avoid truthfulness in matters of law and justice.
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Finished with BNS 213? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 214 BNS :Refusing to answer public servant authorised to question.
- https://marriagesolution.in/bns_section/214-bns/
- BNS 215 : Refusing to sign statement.
- https://marriagesolution.in/bns_section/bns-215/
- 216 BNS : False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
- https://marriagesolution.in/bns_section/216-bns/
- BNS 217 : Giving false information on purpose to a public servant so that they use their legal powers in a way that harms someone else.
- https://marriagesolution.in/bns_section/bns-217/
- BNS 218 : Resistance to the taking of property by the lawful authority of a public servant.
- https://marriagesolution.in/bns_section/bns-218/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list