BNS Section 213: Refusing oath or affirmation when duly required by public servant to make it (formerly IPC 178)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 213: Refusing oath or affirmation when duly required by public servant to make it
From 1 July 2024
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.
What it replaced in the IPC
BNS 213 ← IPC 178 · Refusing oath or affirmation when duly required by public servant to make itChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Upper limit of fine is increased from one thousand to five thousand rupees.
Printed in both official correspondence tables (BPR&D and NCRB).
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 one thousand rupees, or with both.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 178
They remain the law on IPC 178. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 23.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 51.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.