False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
Section 218 of the Bharatiya Nyaya Sanhita (BNS), which is the replacement for Section 197 of the CrPC, deals with the prosecution of judges and public servants.
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.
SECTION 216, BNS
1. Purpose of the Law
Section 216 of the Bharatiya Nyaya Sanhita (“BNS”) makes the act of making false statements under oath before a public servant a punishable offence. This provision applies in situations when a person is bound by law to tell the truth.
2. Legal Obligations (Applicability)
Section 216 of the BNS casts an obligation to not make false statements on oath before a public servant or a person who is authorised to administer an oath.
3. Penalties for Non-Compliance
Section 216 of the BNS provides the punishment of imprisonment up to three years and a fine.
4. Significance
Section 216 acknowledges the need to ensure that people do not make any false statement under oath, in order to maintain the integrity of the Indian legal system.
Offence : Knowingly stating to a public servant on oath as true that which is false.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.
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