Refusing to answer public servant authorised to question
Section 214 of the Bharatiya Nyaya Sanhita, 2023 deals with refusing to answer public servant authorised to question. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which ma The Act came into force on 01 Jul 2024.
Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, 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 214, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 179 Refusing to answer public servant authorized to question Text carried over almost unchanged 93%
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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Being legally bound to state truth, and refusing to answer public servant authorised to question. | 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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K. Pramod Reddy vs The Assistant Director-pmla
Decided under Indian Penal Code 179, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Assistant Director of the Directorate of Enforcement, being duly appointed under the Central Government's Gazette Notification, is a competent authority to issue summons under Section 50(2) of the Prevention of Money Laundering Act, 2002. During the preliminary investigation stage, such summons is legal and not arbitrary. A person summoned for investigation is not yet an accused and therefore cannot claim absolute immunity from self-incrimination under Article 20(3) of the Constitution. The person is bound to answer questions that do not materially incriminate him in pending or imminent investigations. The court should not intervene in the preliminary investigation stage of PMLA proceedings.
On this section: Section 179 relates to refusal to answer public servant's questions. Sections 193 and 228 relate to giving false evidence and fabricating false evidence in judicial proceedings. Court noted that proceedings under PMLA Section 50 are deemed judicial proceedings under these sections.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 214
What have the courts held on Section 214 of the Bharatiya Nyaya Sanhita?
K. Pramod Reddy vs The Assistant Director-pmla (27 Apr 2012) is the leading judgment on this section among those set out below, though it was decided under IPC 179, which this section replaced -- the court never mentioned this Act: Section 179 relates to refusal to answer public servant's questions. Sections 193 and 228 relate to giving false evidence and fabricating false evidence in judicial proceedings. Court noted that proceedings under PMLA Section 50 are deemed judicial proceedings under these sections.
Is Section 214 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 214 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 214 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 214, section 214 BNS, section 214 of the Bharatiya Nyaya Sanhita. People searching for it also type 214 bns punishment and 214 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with K. Pramod Reddy vs The Assistant Director-pmla (27 Apr 2012).
What should I read with Section 214 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 179 (Refusing to answer public servant authorized to question), so the judgments decided under that provision are the case law on this one.
When did Section 214 of the Bharatiya Nyaya Sanhita come into force?
Section 214 of the Bharatiya Nyaya Sanhita, cited as BNS 214, 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
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
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 15 Oct 2026. This page is not a substitute for legal advice.