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BNS · Section 213 · Chapter XIII — OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Refusing oath or affirmation when duly required by public servant to make it

What this section does

Makes it an offence to refuse to bind oneself by an oath or affirmation to state the truth when lawfully required to do so by a competent public servant.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Simple imprisonment up to 6 months, or fine up to ₹5,000, or both.
Triable by
Any Magistrate
Cognizable
No
Bailable
Yes
Compoundable
No

Ingredients (what prosecution must prove)

  1. A public servant legally competent to administer an oath or affirmation required the accused to bind himself by oath or affirmation to state the truth
  2. The accused refused to so bind himself
Old-law correspondence

Derived from IPC s.178.

Read the official text

For the binding statutory text of BNS Section 213, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 213 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.