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IPC · Chapter X · Of contempts of the lawful authority of public servants

IPC section 178 in the BNS

IPC 178BNS 213

IPC section 178, “Refusing oath or affirmation when duly required by public servant to make it”, is now BNS section 213 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 178 to BNS 213

Now BNS section 213. The maximum fine rises from ₹1,000 to ₹5,000.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 178 Refusing oath or affirmation when duly required by public servant to make it

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 one thousand rupees, or with both.

Bharatiya Nyaya Sanhita, 2023

Section 213 Refusing oath or affirmation when duly required by public servant to make it

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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