Section 216 of the Bharatiya Nyaya Sanhita (BNS) addresses the issue of false statements made under oath to public servants or individuals authorized to administer oaths. This provision is crucial in maintaining the integrity of judicial processes and ensuring that truthfulness is upheld in legal proceedings.
Overview of Section 216 BNS
Definition and Scope
Section 216 states that anyone who is legally bound by an oath or affirmation to tell the truth and knowingly makes a false statement, or believes it to be false, shall face penalties. The law specifically targets perjury, emphasizing the seriousness of providing false information in legal contexts. The penalties include imprisonment for up to three years and fines, reflecting the gravity of such offenses.
Text of Section 216
The exact wording of Section 216 BNS is as follows:
“Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.”
This provision underscores the obligation of individuals to provide truthful testimony in legal settings.
Importance and Implications
Reinforcing Judicial Integrity
The introduction of Section 216 marks a significant shift from the previous Indian Penal Code (IPC) provisions, particularly replacing Section 181 IPC. This change indicates a modern approach aimed at enhancing clarity and applicability within the legal framework while preserving the foundational principle of truthfulness.
Impact on Legal Proceedings
By imposing strict penalties for perjury, Section 216 serves as a deterrent against dishonest statements in court. It reinforces public confidence in the justice system by ensuring that judicial processes are based on credible and truthful information. This is particularly vital in an era where misinformation can easily proliferate.
Comparison with IPC
| Aspect | Section 216 BNS | Section 181 IPC |
|---|---|---|
| Nature of Offense | False statements under oath | False statements under oath |
| Penalties | Up to three years imprisonment + fines | Up to three years imprisonment + fines |
| Legal Framework | Bharatiya Nyaya Sanhita (2023) | Indian Penal Code (1860) |
Both sections aim to prevent manipulation of the legal system through false testimony, but Section 216 reflects a contemporary understanding of legal obligations23.In conclusion, Section 216 of the Bharatiya Nyaya Sanhita plays a vital role in upholding the principles of justice by penalizing false statements made under oath. Its implementation is essential for maintaining trust in legal proceedings and ensuring accountability among individuals who participate in the judicial process.
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.
