Bharatiya Nyaya Sanhita, 2023
BNS Section 213
Refusing oath or affirmation when duly required by public servant to make it
In one line
BNS Section 213 deals with refusing oath or affirmation when duly required by public servant to make it and replaces IPC 178.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 213 | Refusing oath when duly required to take oath by a public servant. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 213
213. Refusing oath or affirmation when duly required by public servant to make it.
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 changed from the IPC
- IPC 178 → BNS 213: Upper limit of fine is increased from one thousand to five thousand rupees.
Frequently asked
What was BNS Section 213 in the IPC?
BNS Section 213 (Refusing oath or affirmation when duly required by public servant to make it) replaces Section 178 of the Indian Penal Code, 1860. IPC 178 is now BNS 213.
What is the punishment under BNS 213?
Refusing oath when duly required to take oath by a public servant – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate.
Is BNS 213 bailable?
Bailable: BNS 213. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 208 — Non-attendance in obedience to an order from public servant
- BNS 209 — Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
- BNS 210 — Omission to produce document or electronic record to public servant by person legally bound to produce it
- BNS 211 — Omission to give notice or information to public servant by person legally bound to give it
- BNS 212 — Furnishing false information
- BNS 214 — Refusing to answer public servant authorised to question
- BNS 215 — Refusing to sign statement
- BNS 216 — False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
- BNS 217 — False information, with intent to cause public servant to use his lawful power to injury of another person
- BNS 218 — Resistance to taking of property by lawful authority of a public servant