213
213
Refusing oath or affirmation when duly required by public servant to make it
Bharatiya Nyaya Sanhita, 2023
Chapter XIII Of Contempts of The Lawful Authority of Public Servants
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsRefusing OathPublic ServantMinor Offence
🗣️ Simple Explanation
What does this law say?
Section 213 of the BNS says you must take an oath or affirmation to tell the truth if a public servant asks you to. If you refuse, you break the law.
Why does this law exist?
This law ensures people are truthful when giving evidence. It helps the legal system work fairly. It ensures justice.
Real-life impact
Imagine you are a witness in court. This law makes sure you promise to tell the truth. It helps the judge make a fair decision. It protects everyone involved.
What happens if you break this law?
You could get simple imprisonment for up to six months. You might also have to pay a fine up to five thousand rupees, or both. The police can arrest without a warrant.
⚖️ Punishment
Imprisonment up to six months, or fine up to five thousand rupees, or both.
💡 Real Life Example
Amit refuses to take an oath in court, even when asked by the judge. He could be charged under Section 213. He could face jail time and a fine. Rahul refuses to swear an oath before a government official. He could be punished.
🛡️ KNOW YOUR RIGHTS
- •Understand the purpose and importance of an oath or affirmation.
- •Seek legal advice if you have concerns about taking an oath.
- •Be aware of the consequences of refusing to take an oath.
- •You have the right to legal aid if you cannot afford a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 213 of the BNS deals with refusing to take an oath or affirmation when required by a public servant. This means you must promise to tell the truth. The law ensures honesty in legal proceedings. This section replaces the old Section 178 of IPC.
Yes, refusing to take an oath is generally a bailable offence. However, the police can still arrest you without a warrant. The punishment is usually a fine or a short jail sentence.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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