Section 51 IPC: “Oath”
Indian Penal Code, 1860
Section 51 IPC at a Glance
Section 51 IPC defines the term “Oath”. From 1 July 2024 it is replaced by Section 2(23) BNS.
None. Section 51 IPC creates no offence.
Section 51 IPC Bare Act Text
51. “Oath”
The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.
Source: Section 51, Indian Penal Code, 1860
Section 51 IPC in Simple Words
Section 51 of the Indian Penal Code (IPC) defines the word oath. An oath includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.
The section creates no offence and sets no punishment. It fixes the meaning of a word used in other sections.
Ingredients of Section 51 IPC
- The word oath
- Includes a solemn affirmation substituted by law for an oath
- Includes any declaration required or authorised by law to be made before a public servant
- Includes any declaration required or authorised by law to be used for the purpose of proof
- Whether in a Court of Justice or not
Punishment Under Section 51 IPC
None. Section 51 IPC creates no offence.
None.
Section 51 IPC is a definition. It has no entry in the First Schedule to the CrPC.
Example of Section 51 IPC
When Section 51 IPC Does Not Apply
- An informal personal vow exchanged between friends lacks legal sanction and is not a solemn affirmation substituted by law for an oath under Section 51 IPC.
- A statement that no law requires or authorises to be made before a public servant falls outside Section 51 IPC.
- A private note that the law neither requires nor authorises to be used for the purpose of proof is not covered by Section 51 IPC.
- A casual assurance given in a business meeting without any legal requirement or authority is not an oath within Section 51 IPC.
Section 51 IPC in the BNS
Section 51 IPC is now covered under Section 2(23) BNS.
Section 2(23) BNS keeps the definition and changes one phrase. It ends whether in a Court or not, where the IPC said whether in a Court of Justice or not. Section 2(5) BNS now defines Court, in place of the IPC definition of Court of Justice. It is now clause 23 of the definitions section, in place of a section of its own.
View detailed comparison (IPC 51 vs BNS 2(23)) →FAQs on Section 51 IPC
What does Section 51 IPC include within the word oath?▼
A solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof.
Does an oath have to be taken in a Court for Section 51 IPC to apply?▼
No. The section ends with whether in a Court of Justice or not, so the definition covers a declaration made outside a Court as well as one made in it.
Which IPC section punishes refusing an oath as defined in Section 51 IPC?▼
Section 178 IPC. It punishes refusing to bind oneself by an oath or affirmation to state the truth, when a public servant legally competent to require it so requires, with simple imprisonment up to six months, or fine up to one thousand rupees, or both.
Does Section 51 IPC create an offence?▼
No. It fixes the meaning of a word and sets no punishment. The sections that use the word carry the punishment.
Where is Section 51 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 2(23) BNS, with Court of Justice changed to Court.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·