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Section 214: Refusing to Answer Public Servant Authorised to Question

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 179 IPC
Section 213 All 358 Sections of Bharatiya Nyaya Sanhita Section 215

Legal Commentary & Landmark Judgments: Section 214

Section 214 penalises refusing to answer any question demanded by a public servant authorised to question, where the person is legally bound to state the truth.

  • Authorised Interrogator: The public servant is legally empowered to question the person on the subject matter.
  • Legal Obligation to Answer: The person is under a legal obligation to answer truthfully.
  • Refusal to Answer: Unjustified refusal to answer questions, excluding questions that expose the person to a criminal charge.
Key Landmark Precedents:
  • Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424: The Apex Court ruled that an accused or witness has a constitutional right of silence against questions that have a tendency to expose them to a criminal charge or forfeiture.
  • Selvi v. State of Karnataka (2010) 7 SCC 263: The Constitution Bench reaffirmed that no person can be compelled to answer questions or undergo involuntary neuro-scientific tests violating Article 20(3).
Courtroom Practice & Strategic Litigation Guidance:

Raise the shield of Article 20(3) whenever questions tend towards self-incrimination. The prosecution must show that the question was benign, strictly factual, and within the statutory investigative remit.

Section 213 All 358 Sections of Bharatiya Nyaya Sanhita Section 215