Section 213 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal implications of refusing to take an oath or affirmation when required by a public servant. This provision is crucial for maintaining the integrity of legal proceedings and ensuring that individuals comply with their obligations to provide truthful information.
Key Provisions
- Legal Requirement: The section stipulates that any individual who refuses to bind themselves by an oath or affirmation to state the truth, when legally required by a competent public servant, commits an offense.
- Punishment: The consequences for such refusal can include:
- Simple imprisonment for up to six months.
- A fine not exceeding five thousand rupees.
- Both imprisonment and fine may be imposed.
Comparison with Indian Penal Code (IPC)
Section 213 of the BNS has a direct counterpart in the Indian Penal Code (IPC). The equivalent section in IPC is Section 178, which outlines similar penalties but with a lower maximum fine of one thousand rupees. Here’s a comparison:
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 |
|---|---|
| Punishment: Up to 6 months imprisonment or fine up to ₹5,000, or both. | Punishment: Up to 6 months imprisonment or fine up to ₹1,000, or both. |
Purpose and Significance
1. Ensuring Truthfulness: The primary aim of Section 213 is to uphold truthfulness in legal contexts. By mandating oaths, the law seeks to prevent dishonesty and ensure that statements made under oath are credible.
2. Legal Compliance: This section reinforces the necessity for individuals to adhere to legal processes. Refusal to comply is viewed as a serious obstruction to justice.
3. Deterrent Effect: The penalties serve as a deterrent against evasion of responsibility and dishonesty in legal matters, thereby reinforcing the rule of law.
Conclusion
Section 213 of the Bharatiya Nyaya Sanhita, 2023 is a vital legal provision aimed at ensuring accountability and truthfulness in judicial processes. By penalizing refusal to take oaths or affirmations, it plays a significant role in maintaining the integrity of the justice system in India.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
