BNS Section 215: Refusing To Sign Statement

Section 215 falls under Chapter 13 of the Bharatiya Nyaya Sanhita (BNS). Chapter 13 covers offences of contempt of the lawful authority of public servants. Each section under this chapter deals with different offences related to disobeying the authority exercised by a public servant in performance of his or her duty. Section 215 specifically deals with the offence of disobeying order of a public servant in the performance of duty. Let us take a closer look at its provisions.

Definition of BNS Section 215

Section 215 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”

Explanation and Illustration of BNS Section 215

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 sign any statement made by him.

Sometimes during the course of a proceeding or an enquiry, when a person makes a statement affirming it to be true and correct and the office making the enquiry the public servant may require the person making the statement to sign a printed version of the statement verbatim so as to put on record that the person has indeed said it. A signed statement serves as a better record than an audio or video recording of the same because an audio or video recording records the events as they happen. A person can claim to be under duress or in an unstable state of mind during the time of recording such statements in video or audio. A signed statement, however, is a reaffirmation, where the person is allowed to go through what he or she said again and attest to it. If a person feels that what has been printed does not properly represent what they meant to say, then he or she can request for the statement to be re recorded to their satisfaction. In such a scenario, one cannot claim that the statement was made in duress or in the heat of the moment as the person has had the time to reassess their statement before signing it.

If the person who has made the statement refuses to sign the statement at the behest of an authorised public servant, 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.

The statement must be made by him. A person can only sign a statement that is made by him. He or she cannot sign on something that is said by someone else. If a person is asked to recount something that someone else said, then the statement is recorded as ‘hearsay’ and signed accordingly.

The officer demanding the signed statement must be legally competent to require such statement. Not all government servants have the authority to take signed statements from a person. In other words, taking signed statements must be within the scope of the officer’s official duties. If such a demand is made by an officer who does not have the legal authority to do so, the person is not obligated to furnish them with the same. Such a statement is invalid and has no value in a court of law.

If the above two conditions are met and the person still refuses to sign the statement, then he or she shall be punishable 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.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in BNS Section 215

This section deals with: Refusing to sign statement

Description of offence:

Any person who gives a verbal statement but refuses to sign the transcribed statement shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section 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

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 215 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 215 of BNS replaces IPC Section 180. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
215	Refusing to sign statement.	180	Upper limit of fine is increased from five hundred to three thousand rupees.

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FAQs about Section 215 of the Bharatiya Nyaya Sanhita (BNS)

Can I be forced to sign a statement by the police?

No. Usually, a person who makes a statement under oath is required to sign the transcribed version. But, if a person feels that the transcribed version does not match the oral statement, they can challenge it in court. But refusing to sign without any valid reason is an offence.

What happens if my statement has been altered in court?

If the statement you have signed does not match the statement that is being presented in court, then you can challenge the statement in court.

Can I refuse to sign a statement in court?

Yes. But there is only one circumstance under which a person can refuse to sign a statement. That is, the printed statement does not match the oral statement. Refusing to do so for any other reason amounts to an offence under the provisions of Section 215.

Can you change your statement after signing it?

Yes. While highly unlikely, there is no express provision stating that a written statement cannot be changed. If there is a valid reason for the change in statement, then the government authority that seeks the signed statement may permit it. But, otherwise, contradicting a signed statement in a court of law is punishable under the BNS

What happens when a person refuses to acknowledge a signed statement?

If a person refuses to acknowledge a statement signed by them, they must be able to present proof of forgery or of being tricked into signing it. If not, then the court will consider the signed statement as valid, irrespective of whether the person who signed it acknowledges it or not.