BNS Section 213: Refusing Oath Or Affirmation When Duly Required By Public Servant To Make It

Definition of BNS Section 213

Section 213 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”

Explanation and Illustration of BNS Section 213

This section deals with disobeying or refusing to cooperate with a public servant in performance of his duty. Let us break down this section to understand it better:

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the act of refusing to bind oneself by an oath or affirmation to state the truth.

Sometimes during the course of a proceeding or an enquiry, when a public servant records a statement from a person for the purpose of such proceeding or enquiry and does not have the means to determine if the statement is true or not. In such circumstances, the public servant may require the person making the statement to bind themselves to their statement by taking an oath with regard to the correctness of the statement. It may be done by way of having them place their hand on a book or scripture that he or she may hold sacred or by way of making them sign an affidavit.

If the person who is being asked to take the oath refuses to do so, it amounts to an offence under the provisions of Section 213. However, there are two qualifications that such an act needs to meet in order to be an offence under this section.

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