Refusing oath or affirmation when duly required by public servant to make it

Q: When did Section 213 of the Bharatiya Nyaya Sanhita come into force?

Section 213 of the Bharatiya Nyaya Sanhita, cited as BNS 213, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

In force From 01 Jul 2024 Act 45 of 2023 As on 18 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 213 of the Bharatiya Nyaya Sanhita, 2023 deals with refusing oath or affirmation when duly required by public servant to make it. Whoever 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 The Act came into force on 01 Jul 2024.

Whoever 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.
Section 213, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 178 Refusing oath or affirmation when duly required by public servant to make it Text carried over almost unchanged 99%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

How this offence is classified

From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.

Offence	Punishment	Cognizable	Bailable	Triable by
Refusing oath when duly required to take oath by a public servant.	Simple imprisonment for 6 months, or fine of 5,000 rupees, or both.	Non-cognizable.	Bailable.	The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate.

The Bharatiya Nagarik Suraksha Sanhita, 2023

Questions about Section 213

What does Section 213 of the Bharatiya Nyaya Sanhita deal with?

Section 213 of the Bharatiya Nyaya Sanhita is headed "Refusing oath or affirmation when duly required by public servant to make it". Whoever 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

Is Section 213 of the Bharatiya Nyaya Sanhita bailable?

Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 213 of the Bharatiya Nyaya Sanhita cognizable?

Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is 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.

How do I find court cases under Section 213 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 213, section 213 BNS, section 213 of the Bharatiya Nyaya Sanhita. People searching for it also type 213 bns act and 213 bns in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 213 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 178 (Refusing oath or affirmation when duly required by public servant to make it), so the judgments decided under that provision are the case law on this one.

When did Section 213 of the Bharatiya Nyaya Sanhita come into force?

Section 213 of the Bharatiya Nyaya Sanhita, cited as BNS 213, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.