IPC 178→BNS 213

IPC 178 to BNS 213: Refusing oath or affirmation when duly required by public servant to make it

Section 178 IPC (1860) replaced by Section 213 BNS (2023)

View IPC Section 178 →View BNS Section 213 →

IPC 178 to BNS 213 at a Glance

Section 178 IPC (Refusing oath or affirmation when duly required by public servant to make it) is now Section 213 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 178 to BNS 213?

Section 178 IPC is now Section 213 BNS, with the same title and the same words. The one change is the fine: the limit is raised from one thousand rupees to five thousand rupees. The term of simple imprisonment is still up to six months.

IPC 178 vs BNS 213: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section178213
OffenceRefusing oath or affirmation when duly required by public servant to make itSame
PunishmentSimple imprisonment for up to six months.Same
FineFine of up to one thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.Fine of up to five thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.
BailBailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByThe Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a Court, any MagistrateSame

IPC 178 and BNS 213: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 178, IPC 1860

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.
BNS 2023 (in force)

Section 213, BNS 2023

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.

Ingredients: IPC 178 vs BNS 213

Under IPC 178
  1. A public servant required the accused to bind himself by an oath or affirmation to state the truth
  2. The public servant was legally competent to require that the accused so bind himself
  3. The accused refused to bind himself by the oath or affirmation
Under BNS 213
  1. A requirement by a legally competent public servant that the accused bind himself by an oath or affirmation to state the truth
  2. Refusal by the accused to bind himself by that oath or affirmation

What IPC 178 to BNS 213 Means for Pending Cases

For Section 178 IPC (now Section 213 BNS): the offence is the same but the fine can now go up to five thousand rupees, so a charge for an act done after the BNS came into force cites Section 213 BNS and carries that higher limit. The term of simple imprisonment is unchanged.

FAQs: IPC 178 to BNS 213

What changed when Section 178 IPC became Section 213 BNS?▼

The number and the fine limit. Section 213 BNS repeats the title and the words of Section 178 IPC, but the fine may now extend to five thousand rupees instead of one thousand rupees. The simple imprisonment limit of six months is unchanged.

Where does Section 178 IPC sit in the BNS?▼

In Section 213 BNS, in Chapter XIII, Of Contempts of the Lawful Authority of Public Servants.

Does Section 178 IPC or Section 213 BNS apply to an act done before 1 July 2024?▼

Section 178 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 178 IPC. Section 213 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·