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

Indian Penal Code, 1860

Section 178 IPC at a Glance

Section 178 IPC deals with refusing oath or affirmation when duly required by public servant to make it. It is bailable and non-cognizable; from 1 July 2024 it is replaced by Section 213 BNS.

Punishment

Simple imprisonment for up to six months.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a Court, any Magistrate ⓘ
BNS Equivalent

Section 213 →

Section 178 IPC Bare Act Text

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.

Source: Section 178, Indian Penal Code, 1860

Section 178 IPC in Simple Words

Section 178 of the Indian Penal Code (IPC) punishes a person who refuses to bind himself by an oath or affirmation to state the truth, when a public servant legally competent to require it so requires. The punishment is simple imprisonment for up to six months, or fine of up to one thousand rupees, or both.

The offence is non-cognizable and bailable. It is triable by the Court in which it is committed, subject to Chapter XXVI of the Code of Criminal Procedure, or, if not committed in a Court, by any Magistrate.

Ingredients of Section 178 IPC

  • A public servant required the accused to bind himself by an oath or affirmation to state the truth
  • The public servant was legally competent to require that the accused so bind himself
  • The accused refused to bind himself by the oath or affirmation

Punishment Under Section 178 IPC

Imprisonment

Simple imprisonment for up to six months.

Fine

Fine of up to one thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a Court, any Magistrate ⓘ

Refusing to bind oneself by an oath or affirmation when legally required by a public servant carries simple imprisonment for up to six months, or fine of up to one thousand rupees, or both.

Example of Section 178 IPC

In April 2017, Pranav appeared before a Labour Commissioner conducting a statutory inquiry in Lucknow. The Commissioner was a public servant legally competent to require that Pranav bind himself by an oath or affirmation to state the truth. Before recording the deposition, the Commissioner duly required Pranav to bind himself by an oath or affirmation to state the truth. Pranav flatly refused to bind himself by either an oath or an affirmation. Pranav is punishable under Section 178 IPC.

When Section 178 IPC Does Not Apply

  • Section 178 IPC does not apply if the demand to take an oath or affirmation came from someone who is not a public servant.
  • No offence is committed when the public servant lacked legal authority to require the person to bind himself by an oath or affirmation.
  • The section is inapplicable where the public servant never required the person to make an oath or affirmation to state the truth.
  • A person who takes the oath or affirmation as required commits no offence under Section 178 IPC.

Section 178 IPC in the BNS

Section 178 IPC is now covered under Section 213 BNS.

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.

View detailed comparison (IPC 178 vs BNS 213) →

FAQs on Section 178 IPC

What does Section 178 IPC provide?▼

It punishes a person who refuses to bind himself by an oath or affirmation to state the truth, when a public servant legally competent to require it so requires.

What is the punishment under Section 178 IPC?▼

Simple imprisonment for up to six months, or fine of up to one thousand rupees, or both.

Who must have required the oath or affirmation under Section 178 IPC?▼

A public servant legally competent to require that the person bind himself by an oath or affirmation.

How does Section 178 IPC differ from Section 179 IPC?▼

Section 178 IPC punishes refusing to bind oneself by an oath or affirmation. Section 179 IPC punishes refusing to answer a public servant authorised to question.

Is an offence under Section 178 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 178 IPC?▼

The Court in which the offence is committed, subject to Chapter XXVI of the Code of Criminal Procedure, or, if it is not committed in a Court, any Magistrate.

Can an offence under Section 178 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 178 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 213 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·