Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Simplified Explanation
Section 213 deals with the offense of refusing to take an oath or affirmation when legally required by a public servant to do so. This section underscores the legal obligation to swear an oath or make an affirmation to tell the truth when mandated by law. Such oaths or affirmations are commonly required in legal settings, such as court proceedings, investigations, or during the taking of statements by authorities.
Key Elements of Section 213
1. Legal Requirement to Take an Oath or Affirmation
- This section applies when an individual is required to swear an oath or make an affirmation to state the truth.
- The individual must be legally bound by the law to provide truthful information or statements under the authority of a public servant who is competent to require such an oath or affirmation.
2. Refusal to Take the Oath or Affirmation
- The offense occurs when the individual refuses to take an oath or make an affirmation, despite being lawfully required to do so by the public servant.
3. Authority of the Public Servant
- The public servant who requires the individual to take an oath or affirmation must be legally competent to make this request. This typically involves judicial officers, police officers, or other authorities in positions where truthfulness is critical for legal proceedings.
Punishments for Refusal to Take Oath or Affirmation
- Simple Imprisonment: The individual may face simple imprisonment for a term up to six months.
- Fine: A fine up to five thousand rupees may also be imposed.
- Both: The person may be subjected to both imprisonment and fine.
Illustration of the Offense
- A person is called to testify as a witness in a court of law. Before giving testimony, the judge requires the witness to take an oath to tell the truth. If the witness refuses to take the oath, despite being legally required to do so, the witness would be committing the offense defined in this section.
Purpose and Significance of Section 213
1. Ensuring Truthfulness in Legal Proceedings
The primary purpose of this section is to ensure truthfulness in legal processes. When an individual refuses to take an oath or affirmation, it undermines the credibility and integrity of the information they may provide, whether as a witness, a party to a case, or in any other legal capacity.
2. Upholding Legal Obligations
This law enforces compliance with legal obligations. Individuals must understand that they cannot refuse to engage with legal processes when required to do so. Refusal to take an oath or affirmation is treated as a serious obstruction to the functioning of the justice system.
3. Deterrence Against Dishonesty
The penalties of imprisonment and fine act as deterrents against individuals who might attempt to evade giving truthful statements by refusing to swear an oath. The law seeks to minimize instances where people may avoid responsibility for their words or actions.
4. Role of Public Servants
Public servants, especially those in legal and law enforcement roles, are entrusted with the responsibility to ensure the accuracy and truthfulness of information given under oath. This section enables them to enforce the legal requirement of truthful testimony by holding those who refuse to take an oath accountable.
Legal Analysis
- Refusal as a Legal Obstruction: Refusing to take an oath is seen as a deliberate attempt to evade responsibility and avoid the truth. This could lead to misleading the authorities, impeding justice, or causing confusion in the legal process.
- The Role of Public Servants: The public servant’s role in requiring an oath is crucial. They must have the legal competence to demand an oath, such as judges in court or officers conducting an investigation. The validity of the demand for the oath is contingent on this legal competence.
- Scope of the Law: The section does not distinguish between types of proceedings or the seriousness of the case in which the oath is taken. It applies broadly to any legal or official scenario where the truth is vital, making it an essential provision to uphold legal processes.
Conclusion
Section 213 of the Bharatiya Nyaya Sanhita, 2023 emphasizes the importance of truthfulness in legal and official matters by penalizing individuals who refuse to take an oath or make an affirmation when legally required. This provision ensures that legal proceedings, investigations, and statements made under oath maintain their credibility, and individuals are held accountable for their refusal to comply with such basic legal requirements.
The penalties for refusal act as a deterrent to those who might seek to undermine or evade their responsibilities within the justice system.
