Refusing oath or affirmation when duly required by public servant to make it
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Summary
When a legally competent public servant requires you to swear or affirm to tell the truth, refusing to do so is an offence. The penalty can be simple imprisonment for up to six months, a fine up to Rs 5,000, or both. It applies when the request is lawfully made by an authorised official.
Example
Priya goes to the police station to give a statement about a neighbourhood dispute. A police officer legally competent asks her to swear an oath to tell the truth, but Priya refuses. Under this provision she could face up to six months' simple imprisonment, a fine up to Rs 5,000, or both.
Bare Act
Enacted textWhoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
BNSS Classification
- Simple imprisonment for 6 months, or fine of 5,000 rupees, or both.
- Non-cognizable
- Bailable
- Triable by The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate.
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