BNS Section 216: False Statement On Oath Or Affirmation To Public Servant Or Person Authorised To Administer An Oath Or Affirmation

Definition of BNS Section 216

Section 216 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”

Explanation and Illustration of BNS Section 216

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the act of making a false statement while under oath.

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, by making a legal affirmation or by way of making them sign an affidavit.

When a person who has taken such an oath, swearing that the statements and testimonies he is about to make are true and correct to the best of his knowledge, proceeds to make false statements, it amounts to an offence under the provisions of section 216.

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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