Section 214 BNS - Refusing to Answer Public Servant Authorised to Question
Section 214 of the Bharatiya Nyaya Sanhita, 2023 deals with refusal to answer a question asked by a public servant where the person questioned is legally bound to state the truth and the public servant is exercising lawful authority.
Text of Section 214, Bharatiya Nyaya Sanhita, 2023
214. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, 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 and Scope of Section 214 BNS
Section 214 applies only where a legal duty to state the truth exists. A mere request for information is not, by itself, enough. The provision requires that the question must concern a subject on which the person is legally bound to state the truth, and that the public servant asking the question must be acting within the legal powers conferred on that public servant.
In practical terms, the provision protects the lawful exercise of public authority by penalising a refusal to answer when the law specifically requires an answer. Whether the section is attracted in a particular case therefore depends on the source of the legal duty, the authority of the public servant, the subject of the question and the circumstances of the refusal.
Essential Ingredients of the Offence
For Section 214 BNS to apply, the following elements should be present:
- The person must be legally bound to state the truth on a particular subject.
- The question must be asked by a public servant.
- The public servant must be exercising a legal power to ask that question.
- The question must relate to the subject on which the person is legally bound to state the truth.
- The person must refuse to answer the question.
Who is a Public Servant under the BNS?
The expression public servant is defined in Section 2 of the Bharatiya Nyaya Sanhita, 2023. The definition covers specified categories of persons holding public office or performing public duties under law. For Section 214, it is not enough that the questioner is generally a public servant; the question must also be asked in exercise of a legal power vested in that public servant.
Punishment under Section 214 BNS
| Maximum imprisonment | Simple imprisonment up to 6 months |
|---|---|
| Maximum fine | Rs. 5,000 |
| Alternative punishment | Imprisonment, fine, or both |
| Cognizability | Non-cognizable |
| Bailability | Bailable |
| Court competent to try | The Court in which the offence is committed, subject to Chapter XXVIII of the BNSS; if not committed in a Court, any Magistrate |
Legal Effect of "Legally Bound to State the Truth"
The phrase "legally bound to state the truth" is important. Section 214 is not a general offence for remaining silent whenever a public servant asks a question. The legal obligation must arise from an applicable law or lawful proceeding, and the public servant must have legal authority to demand an answer concerning that subject.
Section 214 BNS and the Earlier IPC Provision
Section 214 BNS broadly corresponds to the earlier offence contained in Section 179 of the Indian Penal Code, 1860. Under the BNS, the maximum term of simple imprisonment remains six months, while the maximum fine specified in Section 214 is Rs. 5,000.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions came into force on 1 July 2024, except the separately excluded provision of Section 106(2), in terms of the Central Government notification dated 23 February 2024.
Related BNS Sections
This page is intended for general legal information. The application of a criminal provision depends on the facts, the governing procedural law and the orders of the competent court.