IPC 178 → BNS 213: Refusing Oath

Quick Summary: IPC 178 vs BNS 213

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 178 (Refusing Oath) belongs to the IPC's offences relating to public servants and lawful authority — conduct by or against public servants, election offences and contempt of official authority. The corruption-type provisions sit alongside the Prevention of Corruption Act, and the BNS renumbers the residual offence covering refusing oath as BNS 213.

What did IPC 178 cover?

IPC 178 dealt with refusing oath — refusing oath or affirmation when duly required by public servant to make it. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 213: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to refusing oath are filed under BNS Section 213, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 213

Same - Up to 6 months

Practical implications for advocates, police & citizens

• Advocates: For refusing oath, check whether the conduct is prosecuted under BNS 213 or a special statute, and whether prior sanction is required.
• Police officers: Identify the precise duty obstructed or benefit obtained in the refusing oath matter and cite BNS 213 in the new FIR.
• Law students & citizens: Giving or taking illegal gratification, impersonating an official, or obstructing public duty — the kind of conduct behind refusing oath — all fall in this group.