Section 213 of BNS : Section 213: Refusing oath or affirmation when duly required by public servant to make it.
BNS
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Explanation using Example
Example 1:
Ravi is a witness in a criminal case involving a theft in his neighborhood. The court has summoned him to testify. During the court proceedings, the judge, who is a public servant legally competent to require an oath, asks Ravi to take an oath to tell the truth. Ravi, however, refuses to take the oath, stating that he does not believe in the judicial process. As a result, Ravi can be charged under Section 213 of The Bharatiya Nyaya Sanhita 2023 for refusing to bind himself by an oath when duly required by a public servant. He may face simple imprisonment for up to six months, a fine up to five thousand rupees, or both.
Example 2:
Priya is called to testify in a civil case regarding a property dispute. The court clerk, acting on behalf of the judge, asks Priya to affirm that she will tell the truth during her testimony. Priya refuses to make the affirmation, arguing that she does not want to be involved in the case. Since the court clerk is a public servant legally competent to require the affirmation, Priya's refusal can lead to her being charged under Section 213 of The Bharatiya Nyaya Sanhita 2023. She could be punished with simple imprisonment for a term up to six months, a fine up to five thousand rupees, or both.