IPC Section 181 and BNS Section 216: False Statement on Oath or Affirmation
Making a knowingly false statement while legally bound by an oath or affirmation to tell the truth to an authorised public servant is a criminal offence. The present provision is Section 216 of the Bharatiya Nyaya Sanhita, 2023 (BNS), corresponding to Section 181 of the Indian Penal Code, 1860 (IPC).
What does BNS Section 216 mean?
Section 216 applies when a person is legally bound by an oath or affirmation to state the truth on a particular subject before a public servant, or another person legally authorised to administer the oath or affirmation, but makes a statement about that subject that the person knows or believes to be false, or does not believe to be true.
The provision is located in Chapter XIII of the BNS, dealing with contempts of the lawful authority of public servants. It protects the reliability of statements made under legally administered oaths or affirmations.
Essential ingredients of the offence
- Legal obligation: The person must be legally bound by an oath or affirmation to state the truth.
- Competent authority: The statement must be made to a public servant or another person authorised by law to administer the oath or affirmation.
- Relevant statement: The false statement must concern the subject covered by the oath or affirmation.
- Falsity and knowledge: The statement must be false and the maker must know or believe it is false, or not believe it is true.
An innocent factual mistake, without the required state of mind, is not by itself sufficient to establish this offence. The prosecution must prove the statutory ingredients on the evidence.
Punishment under BNS Section 216
| Provision | Maximum imprisonment | Fine |
|---|---|---|
| BNS Section 216 (current law) | Three years, of either description | Also liable to fine; no fixed maximum specified in this section |
| IPC Section 181 (earlier law) | Three years, of either description | Also liable to fine |
The court determines an appropriate sentence according to the law and facts of the case. The provision does not prescribe a mandatory minimum prison term.
Offence classification and procedure
| Cognizability | Non-cognizable |
|---|---|
| Bail | Bailable |
| Court of trial | Magistrate of the first class |
| Applicable procedure | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to applicable transitional provisions |
In a non-cognizable case, police investigation generally requires the appropriate Magistrate's order under the BNSS. Separate procedural restrictions concerning prosecution for offences relating to lawful authority of public servants may also apply, depending on the facts.
Practical illustrations
Example 1: Knowingly false sworn declaration
A person lawfully takes an oath before an authorised officer and deliberately states that a document was signed in the officer's presence, although the person knows it was not. If the other statutory requirements are satisfied, Section 216 may apply.
Example 2: Honest error
A witness under oath gives an incorrect date because of a genuine lapse of memory and believes the answer is true. The required knowledge or belief of falsity may be absent, so the mistake alone does not establish this offence.
IPC Section 181 compared with BNS Section 216
IPC Section 181 historically punished a false statement made under a legally administered oath or affirmation to a public servant or another authorised person. BNS Section 216 substantially carries forward that rule and the same maximum imprisonment and fine liability. The BNS generally took effect on 1 July 2024; the law applicable to earlier conduct and pending proceedings must be assessed with the relevant repeal, savings and transitional provisions.
Difference from false evidence and false information
BNS Section 216 focuses on knowingly false statements under oath or affirmation to a legally authorised recipient. BNS Section 227 defines giving false evidence more broadly in specified legal circumstances, while BNS Section 212 addresses furnishing false information when legally bound to supply information. The appropriate provision depends on the precise duty, statement, setting and intent.
Frequently asked questions
Is BNS Section 216 bailable?
Yes. It is classified as a bailable offence in the BNSS First Schedule.
Can an incorrect statement automatically result in conviction?
No. The statement must be false and the required knowledge or belief about its falsity must be proved, together with the other elements of the offence.
What is the maximum punishment?
Imprisonment of either description for up to three years, with liability to a fine.
Does the provision apply to all conversations with public servants?
No. The law requires a legally binding oath or affirmation and the other statutory conditions. An ordinary informal conversation is not automatically covered.
Official legal sources
- National Crime Records Bureau: Bharatiya Nyaya Sanhita chapter-wise provisions
- Bureau of Police Research and Development: Bharatiya Nyaya Sanhita text (PDF)
- Delhi Police Academy: IPC and BNS comparison handbook (PDF)
- India Code: official legislation portal
Legal information is general in nature. For a specific investigation, sworn statement or proceeding, examine the exact statutory duty, applicable procedural rules and relevant court orders.