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Section 215: Refusing to Sign Statement Made to 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 180 IPC
Section 214 All 358 Sections of Bharatiya Nyaya Sanhita Section 216

Legal Commentary & Landmark Judgments: Section 215

Section 215 punishes refusing to sign any statement made to a public servant when legally required to do so by that public servant.

  • Statement to Public Servant: A statement made by a person to a public servant legally competent to record and require signatures.
  • Lawful Requirement to Sign: An express legal provision permitting the officer to require signatures (e.g., in civil or judicial inquiries).
  • Refusal to Sign: Wilful refusal to sign the statement without lawful cause.
Key Landmark Precedents:
  • State of U.P. v. Singhara Singh AIR 1964 SC 358: The Supreme Court held that statutory procedural requirements for recording and signing statements must be strictly adhered to according to the prescribed statutory manner.
  • Hazari Lal v. State (Delhi Administration) (1980) 2 SCC 390: Clarified that police officers under Section 162 CrPC / Section 180 BNSS cannot require witnesses to sign statements, making Section 215 inapplicable to police Section 180 examinations.
Courtroom Practice & Strategic Litigation Guidance:

Crucial distinction: Statements recorded by police under Section 180 BNSS (old Section 161 CrPC) MUST NOT be signed by the maker as per Section 182 BNSS. Section 215 applies only where a specific statute explicitly mandates signing, such as depositions before a Magistrate or commissions.

Section 214 All 358 Sections of Bharatiya Nyaya Sanhita Section 216