Section 216 BNS - False Statement on Oath or Affirmation

Section 216 of the Bharatiya Nyaya Sanhita, 2023 punishes a knowingly false statement made on oath or affirmation to a public servant, or to another person legally authorised to administer an oath or affirmation, where the maker is legally bound to state the truth.

Text of Section 216, Bharatiya Nyaya Sanhita, 2023

Meaning and Scope of Section 216 BNS

Section 216 is concerned with false statements made under a legally binding oath or affirmation. It does not apply merely because a statement turns out to be incorrect. The wording requires a false statement together with the required state of mind: the maker must know or believe the statement to be false, or must not believe it to be true.

The provision also requires that the statement be made on a subject regarding which the person is legally bound by oath or affirmation to state the truth, and that it be made to a public servant or another person who is authorised by law to administer that oath or affirmation.

Essential Ingredients of the Offence

For Section 216 BNS to apply, the following elements should ordinarily be established:

1. The person must be legally bound by an oath or affirmation to state the truth on a subject.
2. The oath or affirmation must be administered before a public servant or another person authorised by law.
3. The statement must concern the subject covered by that legal obligation.
4. The statement must be false.
5. The person must know or believe the statement to be false, or must not believe it to be true.

Meaning of Oath and Public Servant under the BNS

Section 2 of the Bharatiya Nyaya Sanhita, 2023 contains definitions used throughout the Sanhita. The expression oath includes a solemn affirmation substituted by law for an oath and a declaration required or authorised by law to be made before a public servant or for the purpose of proof. The expression public servant covers the categories of persons specified in Section 2 who hold public office or perform public duties under law.

Punishment and Classification under Section 216 BNS

Knowledge or Belief of Falsity is Material

A key element of Section 216 is the mental element accompanying the statement. The provision expressly covers a statement that the maker knows or believes to be false, or does not believe to be true. This language distinguishes a culpable false statement from an innocent error or a statement made under a genuine belief in its truth.

Section 216 BNS and the Earlier IPC Provision

Section 216 BNS substantially corresponds to the earlier offence under Section 181 of the Indian Penal Code, 1860 concerning false statements on oath or affirmation to a public servant or another person authorised to administer an oath or affirmation.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, except the provision contained in Section 106(2).

Related BNS Sections

• Section 211 - Omission to give notice or information to public servant by person legally bound to give it
• Section 212 - Furnishing false information
• Section 213 - Refusing oath or affirmation when duly required by public servant to make it
• Section 214 - Refusing to answer public servant authorised to question
• Section 215 - Refusing to sign statement
• Section 216 - False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
• Section 217 - False information with intent to cause public servant to use lawful power to injury of another person
• Section 218 - Resistance to taking of property by lawful authority of a public servant
• Section 219 - Obstructing sale of property offered for sale by authority of public servant
• Section 220 - Illegal purchase or bid for property offered for sale by authority of public servant

This page provides general legal information. Application of Section 216 depends on the facts, the applicable oath or affirmation, the governing procedure and orders of the competent court.