Section 216 BNS: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

Bharatiya Nyaya Sanhita, 2023

Section 216 BNS at a Glance

Section 216 BNS deals with false statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 181 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to three years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 181 →

Section 216 BNS Bare Act Text

216. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Source: Section 216, Bharatiya Nyaya Sanhita, 2023

Section 216 BNS in Simple Words

Section 216 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with giving a false statement after taking an oath or affirmation before a public servant, or before a person legally authorised to administer that oath or affirmation. The law is aimed at statements made in formal settings where truthfulness is legally required, such as before a magistrate, authorised officer, or other competent authority. This section applies when a person knowingly makes a false statement after being duly sworn in or affirmed. It is not about an innocent mistake or a memory lapse.

The falsehood must be intentional. In practice, this provision helps protect the integrity of official inquiries, judicial proceedings, and other legal processes that depend on truthful evidence. If a person lies under oath in such a setting, the law treats it seriously because the statement may affect decisions, rights, or public administration.

Ingredients of Section 216 BNS

  • A legal duty on the accused, under an oath or affirmation, to state the truth on a subject to a public servant or other person authorised by law to administer it
  • A statement by the accused to that public servant or other person touching that subject
  • The statement being false, and the accused knowing or believing it to be false or not believing it to be true

Punishment Under Section 216 BNS

Imprisonment

Imprisonment of either description for up to three years.

Fine

The offender is also liable to fine. The section sets no limit on the amount.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

A false statement on oath or affirmation to a public servant or authorised person carries imprisonment of either description for up to three years, and the offender is also liable to fine.

Example of Section 216 BNS

Bhavna is legally bound by an affirmation to state the truth to a revenue officer who is authorised by law to administer it. She makes the affirmation and then tells the officer that she has lived on a village plot for ten years. She knows she has never lived there. Bhavna is liable under Section 216 BNS.

When Section 216 BNS Does Not Apply

  • The person was not legally bound by an oath or affirmation to state the truth
  • The statement was made to someone who was neither a public servant nor a person authorised by law to administer the oath or affirmation
  • The statement did not touch the subject on which the person was bound to state the truth
  • The statement was not false
  • The person did not know or believe the statement to be false and believed it to be true

Section 216 BNS in the IPC (Previous Law)

Section 216 BNS replaces Section 181 IPC from the old criminal code.

Section 181 IPC is now Section 216 BNS, with the same title, the same words and the same punishment.

View IPC Section 181 →

FAQs on Section 216 BNS

Does Section 216 BNS apply if I made a mistake while giving evidence?▼

No, not if the statement was made honestly and the error was accidental. The prosecution must show that the statement was false and that you knew it was false when you made it. A genuine mistake, confusion, or poor memory is different from a deliberate lie.

Can Section 216 BNS apply outside court?▼

Yes. It can apply wherever a lawful oath or affirmation is administered by a public servant or an authorised person. That may include certain official inquiries, affidavits, or other proceedings where the law requires sworn truthfulness.

Is Section 216 BNS the same as perjury?▼

In common language, people often use perjury for lying under oath. This section covers false statements on oath or affirmation in the situations described by the law. Depending on the facts, other provisions may also apply.

Under Section 216 BNS, what must the prosecution prove?▼

It must prove that you were legally sworn or affirmed, that you made a false statement, and that you did so knowingly. Without proof of intention, a conviction should not stand. The exact context of the statement also matters.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·