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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.


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.


BNS 216: Punishment for False Statements Under Oat.
BNS 216 holds individuals accountable for false oaths.

BNS 216 in Simple Points

  1. Legal Obligation to Tell the Truth
    A person is legally bound by an oath or affirmation to state the truth to a public servant or an individual authorized by law to take such oaths.
  2. Making a False Statement
    If a person knowingly or deliberately makes a false statement under such circumstances, they are committing an offence under this section.
  3. Knowledge of Falsity
    The person must know or believe the statement to be false, or they must not believe it to be true. It means that simply being unsure about the truthfulness of the statement can make someone guilty under this section.
  4. Punishment for the Offence
    The punishment for making a false statement under oath is imprisonment for up to three years, along with a fine.
  5. Non-Cognizable and Bailable Offence
    The offence under this section is non-cognizable, meaning the police cannot arrest without a warrant. It is also bailable, and the case is triable by a magistrate of the first class.

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

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


216 BNS  Punishment: Imprisonment and Fine for False Statements.
216 BNS Punishment includes up to 3 years imprisonment, 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.


Bharatiya Nyaya Sanhita Section 216

BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTriable By
BNS Section 216False statement on oath to public servantUp to 3 years imprisonment and fineBailableNon-CognizableMagistrate of First Class
Bharatiya Nyaya Sanhita Section 216

BNS Section 216 FAQs

What does BNS Section 216 cover?

What is the punishment for making a false statement under oath?

Is BNS Section 216 a cognizable offence?

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?

What happens if someone unknowingly gives false information under oath?


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