Section 179 IPC: Refusing to answer public servant authorised to question

Indian Penal Code, 1860

Section 179 IPC at a Glance

Section 179 IPC deals with refusing to answer public servant authorised to question. It is bailable and non-cognizable; from 1 July 2024 it is replaced by Section 214 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 214 →

Section 179 IPC Bare Act Text

179. Refusing to answer public servant authorised to question

Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, 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 179, Indian Penal Code, 1860

Section 179 IPC in Simple Words

Section 179 of the Indian Penal Code (IPC) punishes a person who is legally bound to state the truth on any subject to a public servant and refuses to answer a question demanded of him on that subject by that public servant in the exercise of the public servant's legal powers. 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 179 IPC

  • The accused was legally bound to state the truth on a subject to a public servant
  • The public servant demanded an answer to a question touching that subject
  • The public servant demanded the answer in the exercise of his legal powers
  • The accused refused to answer the question

Punishment Under Section 179 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 answer a public servant authorised to question carries simple imprisonment for up to six months, or fine of up to one thousand rupees, or both.

Example of Section 179 IPC

In January 2022, Deepak was examined under oath before a Civil Judge in a commercial suit at Chandigarh, and was therefore legally bound to state the truth on the subject of a company's bank transfers to that public servant. Acting in the exercise of his legal powers as a judge, the public servant demanded that Deepak answer a question touching those bank transfers. Deepak refused to answer the question demanded of him. Deepak is punishable under Section 179 IPC.

When Section 179 IPC Does Not Apply

  • Section 179 IPC does not apply when the person questioned was under no legal obligation to state the truth on that subject to the public servant.
  • No offence arises if the individual asking the question was not a public servant.
  • Refusing to answer a question that is unrelated to the subject on which the person is legally bound to speak the truth falls outside Section 179 IPC.
  • The provision is inapplicable where the public servant demanded the answer outside the scope of his legal powers.
  • A person who answers the question asked of him does not commit an offence under Section 179 IPC.

Section 179 IPC in the BNS

Section 179 IPC is now covered under Section 214 BNS.

Section 179 IPC is now Section 214 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 179 vs BNS 214) →

FAQs on Section 179 IPC

What does Section 179 IPC provide?▼

It punishes a person who is legally bound to state the truth on a subject to a public servant and refuses to answer a question on that subject demanded by that public servant in the exercise of his legal powers.

What is the punishment under Section 179 IPC?▼

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

What must the question be under Section 179 IPC?▼

A question touching the subject on which the person is legally bound to state the truth, demanded by the public servant in the exercise of his legal powers.

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

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

Is an offence under Section 179 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 179 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 179 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 179 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 214 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 ·