BNS Section 213 – Refusing oath or affirmation when duly required by public servant to make it
The Indian Penal Code (IPC) Section – 178
Understanding BNS-213: Refusing Oath or Affirmation When Duly Required by Public Servant
Taking an oath or affirmation to state the truth is a crucial part of many legal and administrative processes. BNS-213 is a legal provision that penalizes individuals who refuse to take an oath or affirmation when legally required by a public servant. Let’s break this down in simple terms.
What is BNS-213?
BNS-213 is a law that punishes individuals who refuse to take an oath or affirmation to state the truth when legally required by a competent public servant. This ensures that individuals cooperate in legal and administrative processes.
Key Elements of BNS-213
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| Legal Requirement | The person must be legally required to take an oath or affirmation by a public servant. |
| Refusal | The person must intentionally refuse to take the oath or affirmation. |
| Competent Public Servant | The public servant must be legally authorized to require the oath or affirmation. |
Punishment Under BNS-213
If someone is found guilty of this offense, they can face the following punishments:
| Punishment | Details |
|---|---|
| Imprisonment | Up to 6 months. |
| Fine | Up to ₹5,000. |
| Both | The court may order both imprisonment and a fine. |
Legal Procedure for BNS-213
Here’s how the legal process works for this offense:
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Non-cognizable (police cannot arrest without a warrant). |
| Bailable or Non-bailable | Bailable (the accused can seek bail). |
| Court Jurisdiction | The case is tried by the court where the offense is committed or by any Magistrate. |
Why is BNS-213 Important?
This law is crucial for the following reasons:
- Ensures Cooperation: It ensures that individuals cooperate in legal and administrative processes by taking an oath or affirmation to state the truth.
- Maintains Integrity: It upholds the integrity of legal proceedings by ensuring that individuals are bound to tell the truth.
- Protects Public Trust: It ensures that legal processes are respected and followed, maintaining public trust in the justice system.
Key Takeaways
- BNS-213 applies to individuals who refuse to take an oath or affirmation when legally required by a public servant.
- The offense involves intentionally refusing to comply with the legal requirement.
- Punishment includes up to 6 months imprisonment, a ₹5,000 fine, or both.
- The case is non-cognizable, bailable, and tried by the court where the offense is committed or by any Magistrate.
Example Scenario
Let’s take an example to understand this better:
- Case: A person is required to take an oath before providing testimony in a court case but intentionally refuses to do so.
- Outcome: The person can face up to 6 months imprisonment, a ₹5,000 fine, or both.
Final Thoughts
BNS-213 is an important law that ensures individuals cooperate in legal and administrative processes by taking an oath or affirmation to state the truth. If you ever come across someone refusing to comply with such a requirement, remember that the law is there to address such misconduct.
