Section 181 IPC: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

Indian Penal Code, 1860

Section 181 IPC at a Glance

Section 181 IPC 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; from 1 July 2024 it is replaced by Section 216 BNS.

Punishment

Imprisonment of either description for up to three years.

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

Section 216 →

Section 181 IPC Bare Act Text

181. 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 authorized 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 181, Indian Penal Code, 1860

Section 181 IPC in Simple Words

Section 181 of the Indian Penal Code (IPC) punishes a person who is legally bound by an oath or affirmation to state the truth on a subject to a public servant or other person authorised by law to administer that oath or affirmation, and who makes to that public servant or other person a statement touching that subject which is false. The person must either know or believe the statement to be false or not believe it to be true.

The punishment is imprisonment of either description for up to three years, and the offender is also liable to fine. The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 181 IPC

  • The accused was legally bound by an oath or affirmation to state the truth on a subject
  • The oath or affirmation was to a public servant or other person authorised by law to administer it
  • The accused made a statement touching that subject to that public servant or other person
  • The statement was false
  • The accused either knew or believed the statement to be false or did not believe it to be true

Punishment Under Section 181 IPC

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 181 IPC

In February 2023, Meera appeared before a Notary Public in Surat who was authorised by law to administer oaths for solvency affidavits. Legally bound by an oath administered by that notary to state the truth on the subject of her business debts, Meera made a statement to the notary touching that subject that she owed no money to any bank. The statement was false, and Meera knew it to be false because she had defaulted on two commercial loans. Meera is punishable under Section 181 IPC.

When Section 181 IPC Does Not Apply

  • Section 181 IPC does not apply when the speaker was not legally bound by an oath or affirmation to state the truth.
  • No offence is made out if the statement was given to a person who was neither a public servant nor legally authorised to administer the oath or affirmation.
  • The provision is inapplicable where the false statement did not relate to the subject on which the speaker was bound to state the truth.
  • A statement that is factually true cannot attract liability under Section 181 IPC.
  • A speaker who honestly believed the statement to be true, and neither knew nor believed it to be false, is not guilty under Section 181 IPC.

Section 181 IPC in the BNS

Section 181 IPC is now covered under Section 216 BNS.

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

View detailed comparison (IPC 181 vs BNS 216) →

FAQs on Section 181 IPC

What does Section 181 IPC provide?▼

It punishes a person legally bound by an oath or affirmation to state the truth on a subject to a public servant or other person authorised by law to administer it, who makes to that public servant or other person a statement touching that subject which is false.

What is the punishment under Section 181 IPC?▼

Imprisonment of either description for up to three years, and the offender is also liable to fine.

What state of mind does Section 181 IPC require?▼

The accused must either know or believe the statement to be false or not believe it to be true.

To whom must the statement be made under Section 181 IPC?▼

To a public servant or other person authorised by law to administer the oath or affirmation by which the accused was legally bound to state the truth.

Is an offence under Section 181 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 181 IPC?▼

A Magistrate of the first class.

Can an offence under Section 181 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 181 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 216 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 ·