Section 213 BNS: Refusing Oath or Affirmation When Duly Required by Public Servant
Section 213 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who refuses to bind himself or herself by an oath or affirmation to state the truth when a public servant who is legally competent to require it lawfully directs the person to do so.
Section 213 - Statutory Text
213. Refusing oath or affirmation when duly required by public servant to make it. 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.
Meaning of Section 213 BNS
The provision applies where the law authorises a public servant to require a person to make an oath or affirmation to state the truth and the person refuses to comply. The requirement must come from a public servant who is legally competent to administer or require that oath or affirmation. A refusal outside such lawful authority does not, by itself, satisfy the wording of Section 213.
Key Ingredients of the Offence
- There must be a requirement to bind the person by an oath or affirmation to state the truth.
- The requirement must be made by a public servant.
- The public servant must be legally competent to require that oath or affirmation.
- The person must refuse to bind himself or herself by the required oath or affirmation.
Important Definitions Under the BNS
Oath
Section 2(23) of the BNS gives the expression "oath" an extended meaning. It includes a solemn affirmation substituted by law for an oath and also a declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or otherwise.
Public Servant
Section 2(28) of the BNS defines "public servant" by listing persons and offices covered by that expression. For Section 213, however, it is not enough that the person demanding the oath is a public servant; that public servant must also be legally competent to require the oath or affirmation in the circumstances.
Punishment Under Section 213 BNS
| Provision | Section 213, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Conduct punished | Refusal to bind oneself by an oath or affirmation to state the truth when lawfully required by a competent public servant |
| Imprisonment | Simple imprisonment for a term which may extend to six months |
| Fine | Fine which may extend to Rs. 5,000 |
| Alternative | The Court may impose imprisonment, fine, or both, subject to law |
When Section 213 May Apply
The section is directed at refusal at the oath-or-affirmation stage. It is distinct from refusing to answer a legally authorised question under Section 214 BNS, refusing to sign a statement under Section 215 BNS, and making a false statement on oath or affirmation under Section 216 BNS.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNS provisions came into force, except the separately notified exclusion concerning Section 106(2). Section 213 is therefore part of the operative BNS framework from 1 July 2024.
Related BNS Provisions
For provisions dealing with duties and conduct involving public servants, see Section 211 - Omission to give notice or information, Section 212 - Furnishing false information, Section 217 - False information intended to cause use of lawful power to another person's injury, Section 218 - Resistance to taking property by lawful authority, Section 219 - Obstructing sale of property, and Section 220 - Illegal purchase or bid for property offered for sale.