Bharatiya Nyaya Sanhita, 2023 — Section 213
Refusing Oath or Affirmation When Duly Required by Public Servant to Make It
Section 213 punishes whoever refuses to bind themselves by an oath or affirmation to state the truth,
when required to do so by a public servant legally competent to require it, with simple imprisonment
of up to six months, or fine of up to five thousand rupees, or both.
Please note: This page reflects our understanding of the law as of the date it was
last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret
this law, and this page may not yet reflect the most recent change. Please verify the current text
of the law independently, and consult a licensed advocate for advice on your own matter, before
relying on this page.
Corresponding Provision Under Prior Law
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan
Portal), which maps Section 213 to old IPC Section 178, and independently against the text of
Section 178 itself as found in the edition of the Indian Penal Code, 1860 consulted for this book.
| BNS section | IPC, 1860 equivalent | Category |
|---|
| 213 | 178 | Substantively changed |
Substantively changed: the conduct element, mental element, and imprisonment
punishment (up to six months) are identical to old IPC Section 178. The fine cap has been raised
from one thousand rupees to five thousand rupees.
Quick Reference
Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with simple imprisonment for 6 months, or fine of 5,000 rupees, or both — non-cognizable, bailable, and triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023; or, if not committed in a Court, any Magistrate. Not compoundable: Section 213 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).
Statutory Text (Verbatim)
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Refusing to bind oneself by oath or affirmation when duly required
Explanation (Lexovia's Commentary)
Whoever, when required by a public servant legally competent to demand it, refuses to bind
themselves by an oath or affirmation to state the truth, commits this offence.
Illustration (Lexovia's Own Example)
A witness before a competent authority refuses to take the oath to state the truth when duly
required to do so. This falls within Section 213.
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Related / Cross-Referenced Sections
Section 212 (Furnishing false information); Section 214 (the next section of Chapter XIII). (Shown
as plain references for now; once the site exists these become direct links.)
FAQs
Who must the demand to take the oath come from?
A public servant who is legally competent to require the person to bind themselves by oath or
affirmation.
What is the punishment under this section?
Simple imprisonment up to six months, or fine up to five thousand rupees, or both.
What changed compared to the old law?
The fine cap has been raised from one thousand rupees to five thousand rupees. The conduct and
imprisonment cap are unchanged.
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