BNS Section 214: Refusing To Answer Public Servant Authorised To Question

Definition of BNS Section 214

Section 214 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”

Explanation and Illustration of BNS Section 214

Section 214 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 refuses to answer any question demanded of him.

During the course of a proceeding or an enquiry, when a public servant asks a person a question, he or she is legally bound to respond to the question truthfully and correctly to the best of their knowledge. Refusing to answer the question amounts to an offence under the provisions of Section 214. However, there is a qualification to this. The persons that such an act needs to meet in order to be an offence under this section. The question or the enquiry must be in the exercise of the legal powers of such public servant. In other words, the topic of the question and the procedure of conducting an enquiry, both must be within the scope of the officer’s official duties. For instance, a revenue officer cannot make enquiries in a case of theft in his or her official capacity. Such enquiries do not warrant any answer as they have no legal bearing in the court of law.

But if the enquiry is well within the scope of the officer’s legal powers, then refusing to answer such questions shall be punishable 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.

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