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.
IPC Section 178 in BNS: Section 213
Refusing oath or affirmation when duly required by public servant to make it
Section 178 of the Indian Penal Code, 1860 (Refusing oath or affirmation when duly required by public servant to make it) corresponds to Section 213 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 213 is non-cognizable, 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; punishment: Simple imprisonment for 6 months, or fine of 5,000 rupees, or both.
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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 213
Full BNS Section 213 and every IPC section it replaced →
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