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Section 216: Knowingly Stating to Public Servant on Oath as True What is False

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
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 181 IPC
Section 215 All 358 Sections of Bharatiya Nyaya Sanhita Section 217

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 216 BNS
Knowingly Stating to Public Servant on Oath as True What is False
 Imprisonment extending to 3 years, or fine, or both. Bailable Non-Cognizable Magistrate 1st Class Formerly Sec 181 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 216

Section 216 penalises making a statement on oath or affirmation to a public servant, knowing it to be false or believing it not to be true, on a subject where the public servant is authorised to administer oath.

  • Statement on Oath: The accused makes a solemn declaration on oath or affirmation before a competent public servant.
  • Falsity of Statement: The statement is untrue in a material particular.
  • Mens Rea: The accused knows the statement to be false, or does not believe it to be true.
Key Landmark Precedents:
  • Chajoo Ram v. Radhey Shyam (1971) 1 SCC 774: The Supreme Court stressed that prosecution for false statements on oath requires deliberate falsehood on a vital matter, not mere discrepancies or exaggerations.
  • Baban Singh v. Jagdish Singh AIR 1967 SC 68: Held that swearing a false affidavit in a judicial proceeding constitutes an offence of giving false evidence punishable under these provisions.
Courtroom Practice & Strategic Litigation Guidance:

Cross-examination must establish whether the witness understood the question and whether the variance was a matter of interpretation or deliberate perjury. Section 215 BNSS compliance is essential for initiating prosecution.

Section 215 All 358 Sections of Bharatiya Nyaya Sanhita Section 217