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Section 215: Refusing to Sign Statement Made to Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Court in which offence committed / Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 180 IPC
Section 214 All 358 Sections of Bharatiya Nyaya Sanhita Section 216

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 215 BNS
Refusing to Sign Statement Made to Public Servant
 Simple imprisonment up to 3 months, or fine up to ₹5,000, or both. Bailable Non-Cognizable Court in which offence committed / Any Magistrate Formerly Sec 180 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 215

Section 215 punishes refusing to sign any statement made to a public servant when legally required to do so by that public servant.

  • Statement to Public Servant: A statement made by a person to a public servant legally competent to record and require signatures.
  • Lawful Requirement to Sign: An express legal provision permitting the officer to require signatures (e.g., in civil or judicial inquiries).
  • Refusal to Sign: Wilful refusal to sign the statement without lawful cause.
Key Landmark Precedents:
  • State of U.P. v. Singhara Singh AIR 1964 SC 358: The Supreme Court held that statutory procedural requirements for recording and signing statements must be strictly adhered to according to the prescribed statutory manner.
  • Hazari Lal v. State (Delhi Administration) (1980) 2 SCC 390: Clarified that police officers under Section 162 CrPC / Section 180 BNSS cannot require witnesses to sign statements, making Section 215 inapplicable to police Section 180 examinations.
Courtroom Practice & Strategic Litigation Guidance:

Crucial distinction: Statements recorded by police under Section 180 BNSS (old Section 161 CrPC) MUST NOT be signed by the maker as per Section 182 BNSS. Section 215 applies only where a specific statute explicitly mandates signing, such as depositions before a Magistrate or commissions.

Section 214 All 358 Sections of Bharatiya Nyaya Sanhita Section 216