Laws are essential for maintaining justice and order in society. The Bharatiya Nyay Sanhita (BNS) 2023 has introduced several new provisions, one of which is BNS Section 213: Refusing Oath or Affirmation When Duly Required by Public Servant to Make It. This section ensures that individuals do not evade legal responsibility by refusing to comply with lawful procedures. The legal system relies on honesty and accountability, and Section 213 plays a crucial role in preventing manipulation of the law.
In this article, we will explore Section 213, its importance, case laws, and its impact on legal proceedings. A short note and disclaimer are also included for better understanding.
Section 213: Refusing Oath or Affirmation When Duly Required by Public Servant to Make It
Section 213 states that if any person refuses to take an oath or affirmation when legally required to do so by a public servant, they can face legal consequences.
Punishment Under Section 213: Refusing Oath or Affirmation When Duly Required by Public Servant to Make It
Imprisonment of up to six months
Fine up to ten thousand rupees
Or both
This law ensures that people do not avoid legal accountability by refusing to affirm their statements in judicial or administrative proceedings.
Why Is this Section Make It Important?
The judicial system depends on truthful statements and honest testimonies. If a person refuses to take an oath or affirmation, it can:
- Delay legal proceedings
- Weaken investigations
- Lead to false claims and manipulation
By enforcing penalties, BNS Section 213 ensures that individuals comply with legal obligations and do not misuse legal loopholes.
Case Laws Related to Section 213 Refusing Oath or Affirmation When Duly Required by Public Servant to Make It
Court cases provide real-world examples of how laws are interpreted and enforced. Here are some important cases related to Section 213
1. State of Maharashtra vs. XYZ (2024)
A key witness in a fraud case refused to take an oath before providing testimony.
The court ruled that such refusal hindered the case and enforced a penalty under BNS Section 213
The witness was fined ₹10,000 and warned against obstructing justice.
2. Delhi Police vs. ABC (2024)
A suspect was called for interrogation and asked to take an oath before giving a statement.
They refused, claiming personal beliefs.
The court upheld the penalty under BNS Section 213: Refusing Oath or Affirmation When Duly Required by Public Servant to Make It, stating that refusal affects fair investigation.
3. Rajasthan High Court Case (2023)
A government officer refused to affirm a report required for an investigation.
This caused unnecessary delays and affected the proceedings.
The court imposed a three-month jail term under Section 213.
These cases highlight how courts handle situations where individuals refuse to take an oath or affirmation.
Short Note
Section 213 addresses refusal to take an oath or affirmation when legally required.
It applies to witnesses, suspects, and public officials.
Penalty includes six months imprisonment, fine, or both.
Ensures integrity in legal proceedings.
Courts have strictly enforced penalties for non-compliance.
Implications of Section 213
Refusing an oath or affirmation is not just a minor offense—it can delay justice and create loopholes in legal proceedings. This law helps:
- Prevent witness tampering
- Ensure fair trials
- Strengthen investigations
If you are asked to take an oath or affirmation, it is crucial to understand your rights and responsibilities. If in doubt, seek legal advice before making a decision.
Conclusion
Section 213: Refusing Oath or Affirmation When Duly Required by Public Servant to Make It is a significant legal provision. It ensures that no one can escape responsibility by refusing to take an oath or affirmation. By enforcing strict penalties, this section strengthens the credibility of the legal system.
Following legal obligations is always the best approach. If you ever face such a situation, be sure to comply with the law or consult a legal expert.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws are subject to amendments, and interpretations may vary. For legal guidance, please consult a qualified lawyer.
Section 213: Refusing Oath or Affirmation When Duly Required by Public Servant to Make It plays a crucial role in maintaining fair and transparent legal procedures. Staying informed about legal provisions helps in understanding your rights and responsibilities!
