Bharatiya Nyaya Sanhita, 2023

BNS Section 216

False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

In one line

BNS Section 216 deals with false statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation and replaces IPC 181.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
216Knowingly stating to a public servant on oath as true that which is false.Imprisonment for 3 years and fine.Non-cognizable.Bailable.Magistrate of the first class.

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 216

216. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Frequently asked

What was BNS Section 216 in the IPC?

BNS Section 216 (False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation) replaces Section 181 of the Indian Penal Code, 1860. IPC 181 is now BNS 216.

What is the punishment under BNS 216?

Knowingly stating to a public servant on oath as true that which is false – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.

Is BNS 216 bailable?

Bailable: BNS 216. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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