Section 215 BNS - Refusing to Sign Statement
Section 215 of the Bharatiya Nyaya Sanhita, 2023 deals with refusal to sign a statement already made by a person when a public servant who is legally competent to require the signature lawfully directs that person to sign it.
Text of Section 215, Bharatiya Nyaya Sanhita, 2023
215. Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both.
Meaning and Scope of Section 215 BNS
Section 215 does not create a general duty to sign every document or statement placed before a person by a public servant. The provision applies where the statement has been made by that person and a public servant has legal authority to require the person to sign that statement.
The legality of the requirement is therefore central to the offence. The prosecution must be able to point to a legal power authorising the public servant to require the signature. A refusal falling outside such lawful authority does not, merely because a public servant requested a signature, satisfy the wording of Section 215.
Essential Ingredients of the Offence
For Section 215 BNS to apply, the following elements should ordinarily be present:
- A statement must have been made by the person concerned.
- A public servant must require that person to sign the statement.
- The public servant must be legally competent to require the signature.
- The requirement must relate to the statement made by that person.
- The person must refuse to sign despite the lawful requirement.
Meaning of Public Servant under the BNS
The expression public servant is defined in Section 2 of the Bharatiya Nyaya Sanhita, 2023. The definition covers specified classes of persons who hold public offices or discharge public functions under law. For Section 215, however, status as a public servant alone is not sufficient; that public servant must also be legally competent to require the signature in the particular situation.
Punishment and Classification under Section 215 BNS
| Maximum imprisonment | Simple imprisonment up to 3 months |
|---|---|
| Maximum fine | Rs. 3,000 |
| 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; or, if not committed in a Court, any Magistrate |
When Can Refusal to Sign Attract Section 215?
The section is attracted only when the statutory conditions are fulfilled. The statement must be the person's own statement, the public servant must have lawful authority to demand the signature, and there must be an actual refusal. These requirements distinguish Section 215 from situations involving an informal request, an unauthorised demand or a document that does not represent the person's own statement.
Section 215 BNS and Former IPC Section 180
Section 215 BNS corresponds to former Section 180 of the Indian Penal Code, 1860, which dealt with refusal to sign a statement. The BNS provision prescribes simple imprisonment up to three months, a fine up to Rs. 3,000, or both.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, except the provision contained in Section 106(2).
Related BNS Sections
This page provides general legal information. The application of Section 215 depends on the facts, the source of the legal power requiring a signature, the procedural law governing the proceeding and orders of the competent court.