BNS Section 213
What happens if I refuse to take an oath when a public officer asks me?
Short answer
You may be sentenced to up to six months’ simple imprisonment, a fine up to Rs 5,000, or both.
In detail
If a public servant who is legally authorised asks you to swear an oath or make an affirmation to tell the truth, you must comply. Refusing to do so is a criminal offence under the Bharatiya Nyaya Sanhita. The law prescribes a simple imprisonment that can last for as long as six months, a monetary fine that can go up to five thousand rupees, or a combination of both punishments. The term "simple imprisonment" means the jail time is served without hard labour. The court decides which of these penalties, or both, will be applied based on the circumstances of the refusal. This provision aims to ensure that people cooperate with legal processes that rely on truthful statements.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.