Bharatiya Nyaya Sanhita, 2023 — Section 214

Refusing to Answer Public Servant Authorised to Question

Section 214 punishes whoever, being legally bound to state the truth on any subject to a public servant, refuses to answer a question demanded of them touching that subject by that public servant acting in the exercise of their legal powers, 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 214 to old IPC Section 179, and independently against the text of Section 179 itself as found in the edition of the Indian Penal Code, 1860 consulted for this book.

BNS section	IPC, 1860 equivalent	Category
214	179	Substantively changed

Substantively changed: the conduct element and imprisonment punishment (up to six months) are identical to old IPC Section 179. 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 214 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, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, 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.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Refusing to answer a question lawfully demanded touching a subject one is bound to speak truthfully on

Explanation (Lexovia's Commentary)

A person legally bound to state the truth on a subject to a public servant, who refuses to answer a question touching that subject demanded of them by that public servant acting within their legal powers, commits this offence.

Illustration (Lexovia's Own Example)

A witness legally bound to answer truthfully refuses to answer a relevant question put to them by an investigating officer acting within their legal powers. This falls within Section 214.

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Related / Cross-Referenced Sections

FAQs

How is Section 214 different from Section 213?

Section 213 punishes refusing to take the oath in the first place. Section 214 punishes refusing to answer a specific question once legally bound to state the truth.

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.