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Introduction of BNS Section 213

BNS Section 213 deals with the refusal to take an oath or affirmation when a person is legally required to do so by a public servant. In legal procedures, it is common for people to be asked to swear to tell the truth. This section makes it a punishable offence if someone refuses to take such an oath when requested by an authorized public servant.


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.


BNS 213: Penalty for Refusing Oath or Affirmation.
BNS 213 enforces punishment for refusing oath or affirmation

BNS 213 in Simple Points

  1. Requirement to Take an Oath or Affirmation: In certain situations, the law requires people to swear or affirm that they will tell the truth. This typically happens in courts or legal investigations. The oath is a promise to be truthful, and it is a key part of ensuring honesty in legal matters. If someone refuses to take this oath, it creates obstacles to justice, as the legal system depends on truthful information.
  2. Refusal to Take the Oath: BNS Section 213 makes it clear that refusing to take an oath or affirmation is not allowed. When a person refuses to take the oath, it suggests they are not willing to commit to telling the truth. This refusal can disrupt the legal process, making it harder to uncover the truth in court or during an investigation.
  3. Punishment for Refusal: If a person refuses to take an oath, they can be punished with up to six months of simple imprisonment. This punishment highlights how important it is to participate in the legal process by making a truthful commitment. The jail time acts as a deterrent to prevent people from avoiding this responsibility.
  4. Fine for Refusal: In addition to or instead of jail time, a fine of up to ₹5,000 can be imposed. This financial penalty is a way of emphasizing the seriousness of refusing to cooperate with the legal system. It ensures that people who refuse the oath face consequences even if they are not imprisoned.
  5. Bailable and Non-Cognizable Offence: This offence is non-cognizable, meaning the police cannot arrest someone without permission from the court. A warrant is required to take the person into custody. It is also a bailable offence, meaning the person can apply for bail and avoid being held in jail while waiting for the case to be heard.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. 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.
  2. 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 Punishment: Imprisonment or Fine for Oath Refusal.
Penalty for refusing oath: up to 6 months jail or ₹5,000 fine

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.


Bharatiya Nyaya Sanhita Section 213

PointsDetails
OffenceRefusing to take an oath or affirmation when required
DefinitionFailure to bind oneself by oath or affirmation
PunishmentImprisonment up to 6 months, or fine up to ₹5,000, or both
BailableYes
CognizableNo
Trial CourtCourt in which the offence is committed, or any Magistrate
Bharatiya Nyaya Sanhita Section 213

BNS Section 213 FAQs

What is BNS Section 213 about?

What is the punishment for refusing an oath?

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?

Who can try cases under BNS Section 213?

Is the refusal to take an oath considered a serious offence?


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