213. 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.
BNS Section 213: Refusing oath or affirmation when duly required by public servant to make it
Section 213 of the Bharatiya Nyaya Sanhita, 2023 deals with refusing oath or affirmation when duly required by public servant to make it. It replaces IPC 178 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 213 is non-cognizable and bailable.
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Bail, cognizability and punishment
| 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: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 213
IPC sections replaced
- IPC 178: Refusing oath or affirmation when duly required by public servant to make it
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