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Section 213: Refusing Oath when Duly Required by Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Court in which offence committed / Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 178 IPC
Section 212 All 358 Sections of Bharatiya Nyaya Sanhita Section 214

Legal Commentary & Landmark Judgments: Section 213

Section 213 punishes refusing to bind oneself by an oath or affirmation to state the truth when duly required by a public servant legally competent to administer such oath.

  • Competence to Administer Oath: The public servant must be legally empowered to administer an oath or affirmation.
  • Lawful Demand: A formal demand requiring the party or witness to take an oath or make solemn affirmation.
  • Refusal: Refusal by the person to take oath without any recognized statutory or constitutional privilege.
Key Landmark Precedents:
  • Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424: The Supreme Court held that the constitutional right against self-incrimination under Article 20(3) extends to police interrogations and shields a person from taking oaths leading to self-incrimination.
  • Tahsildar Singh v. State of U.P. AIR 1959 SC 1012: Clarified the boundary between judicial proceedings where oaths are mandatory and police investigations under Section 161 CrPC where oaths are prohibited.
Courtroom Practice & Strategic Litigation Guidance:

In defence, invoke Article 20(3) of the Constitution and Section 180 BNSS (police cannot administer oath during investigation). This offence applies primarily to judicial officers, commissioners, or statutory tribunals empowered to administer oaths.

Section 212 All 358 Sections of Bharatiya Nyaya Sanhita Section 214