Introduction of 216 BNS
216 BNS deals with making false statements on oath or affirmation to a public servant or an individual authorized to administer oaths. This law applies when someone, while under oath or legally bound to tell the truth, knowingly makes a false statement. The purpose of this section is to ensure the integrity of the legal process by punishing individuals who intentionally lie under oath. A violation of this law can lead to imprisonment for up to three years, along with a fine.
False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. meaning is Lying or giving false information after taking an oath or promise in front of a judge, officer, or any person who is legally allowed to take an oath .
The Bharatiya Nyaya Sanhita (BNS) Section 216 replaces the old Indian Penal Code (IPC) Section 181.
What is BNS Section 216 ?
BNS Section 216 punishes any person who knowingly makes a false statement under oath or affirmation to a public servant or someone authorized to administer such oaths. This section holds individuals accountable for lying under oath, which can affect legal decisions or investigations.
Under Section 216 of the bns act 2023
“Whoever, being legally bound by an oath or affirmation to state the truth to any public servant, or to any person authorized to administer such oath or affirmation, makes a statement which is false and which he knows or believes to be false, or does not believe to be true, shall be punished with imprisonment which may extend to three years, and shall also be liable to fine.”
1. Meaning of “False Statement on Oath or Affirmation”
- An oath or affirmation is a legal promise to tell the truth before a judge, magistrate, police officer, or any authorized person.
- If a person, while under oath, knowingly lies or gives false information, they commit an offence under this section.
- Even if the statement is not fully false but partly misleading, it still falls under this offence.
- This ensures that justice is not obstructed by lies during investigations or court proceedings.
2. Who is Covered?
This section applies to:
- Witnesses giving evidence in court or during investigations.
- Accused persons making statements under oath.
- Any individual legally bound to speak the truth before a public servant or authorized officer.
3. Nature of the Offence
- Non-cognizable → Police cannot arrest without a warrant.
- Bailable → The accused has the right to apply for bail.
- Non-compoundable → Cannot be settled privately; must go through the court process.
- Triable by Magistrate of the First Class → Only a senior magistrate can try the case.
4. Examples of BNS Section 216
- Example 1 – False Testimony in Court: A person swears to tell the truth in a robbery case but deliberately lies to protect his friend. This is a clear offence under Section 216.
- Example 2 – False Accident Statement: A witness to a road accident lies under oath to blame the wrong driver. Even though it is not a murder or robbery case, this still falls under Section 216.
- Example 3 – Not Guilty Case: If a person gives wrong information by mistake or due to misunderstanding, without knowingly lying, they are not guilty under this section.
5. Punishment under BNS Section 216
- Imprisonment → Up to 3 years.
- Fine → Court may also impose a fine.
- Both → In serious cases, both imprisonment and fine may be given.
6. Importance of BNS Section 216
- Protects truth in legal proceedings → Prevents false testimony.
- Strengthens justice → Ensures that decisions are based on facts, not lies.
- Deters dishonesty → Fear of punishment discourages people from lying under oath.
- Updates IPC law → Earlier IPC 181 had similar provisions, but now BNS strengthens clarity and applicability.
Section 216 BNS Overview
BNS Section 216 deals with the offence of making false statements on oath or affirmation to a public servant or any person authorized to administer an oath. It applies when a person, under legal obligation to tell the truth, knowingly makes a false statement. This offence is punishable by imprisonment for up to three years and may also include a fine.
10 Key Points of BNS Section 216 Explained
- Legally Bound by Oath or Affirmation
A person is legally required to tell the truth when giving a statement under oath or affirmation. This means they must not lie or mislead while making any statement. - False Statement
The section applies when a person knowingly provides information they know is false while under oath. This false statement can be about any subject being inquired about by a public servant or an authorized individual. - Knowledge of Falsehood
The person must be aware that the information they are giving is false or not true. Ignorance or mistake may not be punishable under this section, but deliberate lying is. - Intentional Falsehood
The law applies to individuals who intend to deceive or provide false information with the knowledge that what they are saying is untrue. This distinguishes between accidental errors and deliberate falsehoods. - Legal Context
The false statement must be made to a public servant or someone authorized to take oaths. This means the person making the false statement is under legal scrutiny, such as in a courtroom or police investigation. - Punishment for Offence
The person who knowingly makes a false statement under oath is subject to imprisonment for up to three years. This is intended to deter people from lying during legal proceedings. - Liability for Fine
In addition to imprisonment, the individual may also face a financial penalty in the form of a fine. This fine serves as an additional punishment for the offence. - Non-Cognizable Offence
This offence is non-cognizable, which means that the police cannot arrest the person without a warrant. The involvement of a court is required to pursue legal action. - Bailable Offence
The offence under BNS Section 216 is bailable. This means that the accused person can apply for bail and may not need to remain in custody while awaiting trial. - Trial by Magistrate
The case will be tried by a Magistrate of the first class. This ensures that the legal process is followed according to established judicial procedures.
Examples of BNS Section 216
Example 1:
A person is asked to give testimony in a court case involving a robbery. Even though the person knows that their friend was involved in the crime, they swear under oath and tell the court that their friend was not at the crime scene. This would be considered a violation of BNS Section 216 as the person knowingly provided false information under oath.
Example 2:
During a police investigation, a witness is asked to provide a statement under oath about a car accident. The witness, knowing that one driver was at fault, falsely claims that the other driver caused the accident. This false statement, made under oath, would be punishable under BNS Section 216.
BNS 216 Punishment
Imprisonment
A person convicted under BNS Section 216 may be sentenced to imprisonment of up to three years.
Fine
In addition to imprisonment, the individual will also be liable to pay a fine.
BNS 216 bailable or not ?
BNS Section 216 is a bailable offence, meaning the accused can obtain bail, and the police cannot arrest without a warrant as it is non-cognizable.
Comparison Table – BNS Section 216 vs IPC Section 181
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 216 | Punishes anyone who knowingly gives a false statement while under oath or affirmation before a public servant or any authorized person. Ensures truthfulness in investigations and court proceedings. | Imprisonment up to 3 years and fine. | Bailable | Non-Cognizable | Magistrate of the First Class |
| IPC Section 181 (Old) | Penalized those who made false statements under oath to a public servant or authorized individual. It also aimed to uphold honesty in official proceedings. | Imprisonment up to 3 years and fine. | Bailable | Non-Cognizable | Magistrate of the First Class |
| Key Difference: BNS 216 keeps the same punishment as IPC 181 but gives a clearer and more modern explanation to ensure truth under oath in legal proceedings. It strengthens accountability under the updated BNS framework. | |||||
BNS Section 216 FAQs
What does BNS Section 216 cover?
BNS Section 216 covers situations where a person makes a false statement under oath or affirmation to a public servant or someone authorized to administer oaths.
What is the punishment for making a false statement under oath?
The punishment includes imprisonment for up to three years and a fine.
Is BNS Section 216 a cognizable offence?
No, it is a non-cognizable offence, meaning the police cannot arrest without a warrant.
Is BNS Section 216 a bailable offence?
Yes, it is a bailable offence, allowing the accused to apply for bail.
Who can try the case under BNS Section 216?
A magistrate of the first class can try cases under this section.
What happens if someone unknowingly gives false information under oath?
To be guilty under this section, the person must knowingly give false information. If the falsehood is accidental or unintentional, they may not be punished under BNS Section 216.
Conclusion
BNS Section 216 plays an important role in maintaining honesty and fairness in the legal system. By punishing those who knowingly lie under oath, it safeguards the credibility of court proceedings and investigations. This law acts as a reminder that truthfulness is the foundation of justice, and anyone who deliberately misleads authorities will face strict legal consequences.
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Finished with BNS 216? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 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/
- BNS 219 : Obstructing sale of property offered for sale by authority of public servant.
- https://marriagesolution.in/bns_section/bns-219/
- 220 BNS : Buying or bidding for a property in an illegal way when it is being sold under the order of a public servant.
- https://marriagesolution.in/bns_section/220-bns/
- Section 221 BNS : Stopping or disturbing a public servant while they are doing their official duty.
- https://marriagesolution.in/bns_section/section-221-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list