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Section 216: Knowingly Stating to Public Servant on Oath as True What is False

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
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 181 IPC
Section 215 All 358 Sections of Bharatiya Nyaya Sanhita Section 217

Legal Commentary & Landmark Judgments: Section 216

Section 216 penalises making a statement on oath or affirmation to a public servant, knowing it to be false or believing it not to be true, on a subject where the public servant is authorised to administer oath.

  • Statement on Oath: The accused makes a solemn declaration on oath or affirmation before a competent public servant.
  • Falsity of Statement: The statement is untrue in a material particular.
  • Mens Rea: The accused knows the statement to be false, or does not believe it to be true.
Key Landmark Precedents:
  • Chajoo Ram v. Radhey Shyam (1971) 1 SCC 774: The Supreme Court stressed that prosecution for false statements on oath requires deliberate falsehood on a vital matter, not mere discrepancies or exaggerations.
  • Baban Singh v. Jagdish Singh AIR 1967 SC 68: Held that swearing a false affidavit in a judicial proceeding constitutes an offence of giving false evidence punishable under these provisions.
Courtroom Practice & Strategic Litigation Guidance:

Cross-examination must establish whether the witness understood the question and whether the variance was a matter of interpretation or deliberate perjury. Section 215 BNSS compliance is essential for initiating prosecution.

Section 215 All 358 Sections of Bharatiya Nyaya Sanhita Section 217