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KembaraXtra - Bharatiya Nyaya Sanhita - Section 214: Refusing to Answer Public Servant Authorised to Question
Introduction
Section 214 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who is legally bound to state the truth on a particular subject to a public servant, but refuses to answer a question relating to that subject when the question is asked by that public servant in the lawful exercise of his powers.
The provision therefore deals with refusal to answer where there is a legal duty to speak truthfully.
The central idea is:
LEGAL DUTY TO STATE TRUTH + LAWFUL QUESTION BY PUBLIC SERVANT + REFUSAL TO ANSWER = SECTION 214
Q1. What does Section 214 punish?
Answer:
Section 214 punishes a person who:
- Is legally bound to state the truth on a particular subject;
- Owes that duty to a public servant;
- Is asked a question touching that subject;
- The question is asked by the public servant in exercise of his legal powers; and
- The person refuses to answer.
Q2. What is the object of Section 214?
Answer:
The object is to ensure cooperation with lawful public inquiries where the law places a person under a duty to state the truth.
It protects the ability of a legally authorised public servant to obtain answers which the law requires a person to give.
Q3. Which IPC provision corresponds to Section 214 BNS?
Answer:
According to the supplied comments:
Section 214 BNS = Section 179 IPC
Q4. Has the language changed under the BNS?
Answer:
According to the supplied comments:
THE LANGUAGE REMAINS UNCHANGED
The principal change concerns the fine.
Q5. What punishment change has been made?
Answer:
According to the supplied comments, the maximum fine has increased from:
₹1,000 → ₹5,000
Q6. What are the essential ingredients of Section 214?
Answer:
The essential ingredients are:
- The accused must be legally bound to state the truth;
- The duty must relate to a particular subject;
- The duty must be owed to a public servant;
- The public servant must demand an answer to a question touching that subject;
- The public servant must be acting in exercise of legal powers; and
- The accused must refuse to answer.
Formula
LEGAL DUTY TO SPEAK TRUTH + PUBLIC SERVANT + LAWFUL QUESTION + REFUSAL = SECTION 214
Q7. What is the first requirement under Section 214?
Answer:
The person must be:
LEGALLY BOUND TO STATE THE TRUTH
on the relevant subject.
Q8. Is a moral duty to answer enough?
Answer:
No.
The provision requires a:
LEGAL DUTY
not merely a moral, social, or personal obligation.
Q9. Must the duty relate to a particular subject?
Answer:
Yes.
The person must be legally bound to state the truth:
ON THAT SUBJECT
Q10. Why is the subject matter important?
Answer:
Because the public servant’s question must touch the subject on which the person is legally bound to state the truth.
A question completely outside that subject would not satisfy the wording.
Q11. Who must ask the question?
Answer:
The question must be demanded by:
A PUBLIC SERVANT
Q12. Is every question asked by a public servant covered?
Answer:
No.
The question must be asked:
IN THE EXERCISE OF THE LEGAL POWERS OF SUCH PUBLIC SERVANT
Q13. Why is legal power important?
Answer:
Because Section 214 does not punish refusal to answer every question from every official.
The public servant must have lawful authority to ask that question in that context.
Q14. What if the public servant has no legal authority to ask the question?
Answer:
Then an essential ingredient of Section 214 would be missing.
Q15. What is the prohibited act?
Answer:
The prohibited act is:
REFUSAL TO ANSWER
Q16. Does the section punish giving a false answer?
Answer:
No.
Section 214 specifically concerns:
REFUSAL TO ANSWER
A false answer is a different issue and may fall under another provision depending on the circumstances.
Q17. Does Section 214 punish silence?
Answer:
Yes, where the silence amounts to refusal to answer a question which the person is legally bound to answer truthfully.
Q18. Is mere hesitation the same as refusal?
Answer:
Not necessarily.
A brief hesitation or request for clarification is not automatically a refusal.
There must be a real refusal to answer.
Q19. What if the person asks the public servant to repeat the question?
Answer:
That does not by itself amount to refusal.
The offence requires refusal, not mere uncertainty or clarification.
Q20. Must the refusal be express?
Answer:
Not necessarily.
Refusal may potentially be shown by words or conduct.
The central question is whether the person declined to answer despite the legal obligation.
Q21. Does the accused have to be under oath?
Answer:
The supplied wording does not expressly require an oath.
It requires that the person be:
LEGALLY BOUND TO STATE THE TRUTH
This distinction is important.
Q22. How does this differ from Section 216?
Answer:
Section 216 specifically concerns a person legally bound by:
OATH OR AFFIRMATION
Section 214 uses the broader expression:
LEGALLY BOUND TO STATE THE TRUTH
and punishes refusal to answer.
Q23. Does Section 214 require the answer itself to be true?
Answer:
The person is legally bound to state the truth.
But the offence under Section 214 is committed by:
REFUSING TO ANSWER
The section does not punish an incorrect answer as such.
Q24. Must the public servant personally know the answer?
Answer:
No.
The section is about lawful questioning and refusal to respond.
Q25. Must the public servant be investigating an offence?
Answer:
No such limitation appears in the supplied wording.
The provision applies wherever the person is legally bound to state the truth and the public servant lawfully questions him on that subject.
Q26. Must the questioning occur in Court?
Answer:
No.
The supplied wording does not require a Court proceeding.
Q27. Must the questioning occur during a judicial proceeding?
Answer:
No such requirement is expressly stated.
The focus is on legal duty and lawful exercise of public power.
Q28. Can the section apply in an administrative proceeding?
Answer:
Potentially yes, if the statutory requirements are satisfied.
Q29. Is dishonesty required?
Answer:
No.
The word “dishonestly” does not appear in the supplied provision.
Q30. Is fraudulent intention required?
Answer:
No.
Fraud is not an express ingredient.
Q31. Is malicious intention required?
Answer:
No.
Malice is not expressly required.
Q32. Must the refusal be intended to obstruct the public servant?
Answer:
The section does not separately require an intention to obstruct.
It focuses on refusal where there is a legal duty to answer.
Q33. Is actual obstruction to official work required?
Answer:
No actual obstruction is expressly required.
Q34. Is actual injury or loss required?
Answer:
No.
The offence concerns non-compliance with a legal duty to answer.
Q35. Must the refusal cause delay?
Answer:
No.
Delay is not an express ingredient.
Q36. Give a simple example of Section 214.
Answer:
A is legally bound to state the truth to a public servant about a particular subject.
The public servant, acting within lawful authority, asks A a question directly relating to that subject.
A refuses to answer.
Section 214 may apply.
Q37. Give an example where Section 214 would not apply.
Answer:
A public servant asks a private question outside his legal authority.
The person refuses to answer.
Since the question is not demanded in exercise of lawful power, Section 214 would not apply merely because the questioner is a public servant.
Q38. Give another example where Section 214 would not apply.
Answer:
A person is not legally bound to state the truth on the subject being asked about.
Even if a public servant asks the question, the legal-duty element would be missing.
Q39. What if the question is unrelated to the subject on which the person is legally bound to speak?
Answer:
Then the requirement that the question be:
TOUCHING THAT SUBJECT
would not be satisfied.
Q40. What is the punishment under Section 214?
Answer:
The punishment is:
SIMPLE IMPRISONMENT UP TO 6 MONTHS
or
FINE UP TO ₹5,000
or
BOTH
Q41. Is rigorous imprisonment permitted?
Answer:
No.
The supplied provision specifically provides:
SIMPLE IMPRISONMENT
Q42. What is the maximum imprisonment?
Answer:
6 MONTHS
Q43. What is the maximum fine?
Answer:
₹5,000
Q44. Is there a minimum sentence?
Answer:
No minimum sentence is stated in the supplied provision.
Q45. What is the classification of Section 214?
Answer:
According to the supplied classification:
NON-COGNIZABLE
BAILABLE
THE COURT IN WHICH THE OFFENCE IS COMMITTED
Q46. Is Section 214 cognizable?
Answer:
No.
NON-COGNIZABLE
Q47. Is Section 214 bailable?
Answer:
Yes.
BAILABLE
Q48. Which Court may try Section 214?
Answer:
According to the supplied material:
THE COURT IN WHICH THE OFFENCE IS COMMITTED
Q49. What is the easiest classification memory?
Answer:
214 = NC + B + COURT WHERE COMMITTED
Q50. How does Section 214 differ from Section 215?
Answer:
This is a very important distinction.
Section 214
The person:
REFUSES TO ANSWER
a lawful question.
Section 215
The person:
REFUSES TO SIGN
a statement already made.
Memory
214 = ANSWER
215 = SIGN
Q51. What is the logical sequence between Sections 214 and 215?
Answer:
A useful sequence is:
214 = REFUSE TO ANSWER
then
215 = REFUSE TO SIGN
So Section 214 concerns the response itself, while Section 215 concerns formal authentication of a statement already made.
Q52. How does Section 214 differ from Section 216?
Answer:
Section 214
REFUSAL TO ANSWER
while legally bound to state truth.
Section 216
FALSE STATEMENT UNDER OATH OR AFFIRMATION
Memory
214 = SILENCE
216 = FALSEHOOD
Q53. How does Section 214 differ from Section 217?
Answer:
Section 214
The offence lies in:
NOT ANSWERING
Section 217
The offence lies in:
GIVING FALSE INFORMATION TO MANIPULATE OFFICIAL ACTION
Memory
214 = REFUSE
217 = MISLEAD
Q54. What is the easiest problem-question method?
Answer:
Ask:
- Was the person legally bound to state the truth?
- Was that duty owed to a public servant?
- Was a question asked touching that subject?
- Was the question asked in exercise of the public servant’s legal powers?
- Did the person refuse to answer?
If yes:
SECTION 214 MAY APPLY
Q55. What are the key statutory words?
Answer:
LEGALLY BOUND
STATE THE TRUTH
PUBLIC SERVANT
QUESTION DEMANDED
TOUCHING THAT SUBJECT
LEGAL POWERS
REFUSES TO ANSWER
Q56. What is the easiest substantive memory formula?
Answer:
LEGAL DUTY TO TELL TRUTH + LAWFUL QUESTION + REFUSAL = SECTION 214
Q57. What is the main BNS change?
Answer:
According to the supplied comments:
FINE INCREASED FROM ₹1,000 TO ₹5,000
Q58. Was the imprisonment term changed?
Answer:
According to the supplied comments, no change in the imprisonment term is identified.
The stated change concerns the fine.
Q59. What is the core wrong under Section 214?
Answer:
The core wrong is:
REFUSING TO ANSWER A LAWFUL QUESTION WHEN THE LAW REQUIRES YOU TO SPEAK TRUTHFULLY
Key Provisions (Study Notes)
1. Legal Duty
The accused must be:
LEGALLY BOUND TO STATE THE TRUTH
2. Public Servant
The duty must be owed to:
A PUBLIC SERVANT
3. Question Must Relate to the Subject
The question must:
TOUCH THAT SUBJECT
on which the person is legally bound to state the truth.
4. Public Servant Must Act Within Legal Powers
The question must be demanded:
IN EXERCISE OF THE LEGAL POWERS OF THE PUBLIC SERVANT
5. Prohibited Conduct
The accused:
REFUSES TO ANSWER
6. No Oath Expressly Required
Unlike Section 216, Section 214 does not expressly require an oath or affirmation.
The requirement is a legal obligation to state the truth.
Essential Ingredients — Rapid Recall
LEGAL DUTY TO STATE TRUTH
+
PUBLIC SERVANT
+
QUESTION TOUCHING THAT SUBJECT
+
LAWFUL EXERCISE OF POWER
+
REFUSAL TO ANSWER
= SECTION 214
Punishment Notes
Section 214 provides:
SIMPLE IMPRISONMENT UP TO 6 MONTHS
or
FINE UP TO ₹5,000
or
BOTH
Classification Notes
NON-COGNIZABLE
BAILABLE
THE COURT IN WHICH THE OFFENCE IS COMMITTED
IPC Equivalent and BNS Change
According to the supplied comments:
Section 214 BNS = Section 179 IPC
The language remains unchanged.
The important BNS change is:
FINE: ₹1,000 → ₹5,000
Section 214 vs Section 215
Section 214
REFUSE TO ANSWER
The person is legally bound to speak truthfully but refuses to answer a lawful question.
Section 215
REFUSE TO SIGN
The person has already made a statement but refuses to sign it when lawfully required.
Best Memory
214 = ANSWER
215 = SIGN
Section 214 vs Section 216
Section 214
NO ANSWER
Section 216
FALSE ANSWER UNDER OATH/AFFIRMATION
Best Memory
214 = SILENCE
216 = FALSEHOOD
Quick Revision Notes
Section
214 BNS
Title
Refusing to answer public servant authorised to question
IPC Equivalent
Section 179 IPC
Legal Duty
Legally bound to state truth.
Recipient
Public servant.
Question
Must touch the relevant subject.
Authority
Public servant must be acting in exercise of legal powers.
Act
Refusal to answer.
Oath Required?
Not expressly.
Actual Harm Required?
No.
Punishment
Simple imprisonment up to 6 months / fine up to ₹5,000 / both.
Classification
Non-Cognizable + Bailable + Court in which offence is committed
BNS Change
Fine increased from ₹1,000 to ₹5,000.
Exam Traps
Trap 1 — Thinking every refusal to answer a public servant is Section 214
Incorrect.
The person must be:
LEGALLY BOUND TO STATE THE TRUTH
Trap 2 — Forgetting the subject connection
The question must:
TOUCH THE SUBJECT
on which the legal duty exists.
Trap 3 — Forgetting lawful authority
The public servant must ask the question:
IN EXERCISE OF LEGAL POWERS
Trap 4 — Requiring an oath
Incorrect.
Section 214 does not expressly require an oath or affirmation.
Trap 5 — Confusing refusal with false answer
214 = REFUSAL
A false answer is a different issue.
Trap 6 — Requiring actual obstruction
Incorrect.
Actual obstruction or damage is not expressly required.
Trap 7 — Confusing Section 214 with Section 215
214 = REFUSE TO ANSWER
215 = REFUSE TO SIGN
Trap 8 — Confusing Section 214 with Section 216
214 = NO ANSWER
216 = FALSE STATEMENT UNDER OATH
Trap 9 — Forgetting punishment type
The imprisonment is:
SIMPLE IMPRISONMENT
Trap 10 — Forgetting the increased fine
According to the supplied comments:
₹1,000 → ₹5,000
Rapid Revision Link: Sections 214–227
214 = REFUSE TO ANSWER
215 = REFUSE TO SIGN
216 = FALSE STATEMENT UNDER OATH
217 = FALSE INFORMATION TO PUBLIC SERVANT
218 = RESIST TAKING OF PROPERTY
219 = OBSTRUCT PUBLIC SALE
220 = ILLEGAL BID AT PUBLIC SALE
221 = OBSTRUCT PUBLIC SERVANT
222 = FAIL TO ASSIST PUBLIC SERVANT
223 = DISOBEY PUBLIC ORDER
224 = THREAT PUBLIC SERVANT
225 = THREAT PERSON SEEKING PROTECTION
226 = SUICIDE ATTEMPT TO COERCE PUBLIC SERVANT
227 = GIVE FALSE EVIDENCE
Memory Chain
REFUSE ANSWER → REFUSE SIGN → FALSE OATH → FALSE INFO → RESIST TAKING → BLOCK SALE → BAD BID → BLOCK SERVANT → REFUSE HELP → DISOBEY → THREAT → BLOCK PROTECTION → COERCE → FALSE EVIDENCE
Ultimate Memory Formula
SECTION 214
LEGAL DUTY TO STATE TRUTH
+
PUBLIC SERVANT
+
LAWFUL QUESTION TOUCHING THAT SUBJECT
+
REFUSAL TO ANSWER
= SECTION 214
Punishment
SIMPLE IMPRISONMENT UP TO 6 MONTHS / ₹5,000 / BOTH
Classification
NC + B + COURT WHERE OFFENCE IS COMMITTED
Key Takeaway
Section 214 BNS punishes refusal to answer a lawful question where the person is legally bound to state the truth to a public servant.
The prosecution must establish:
- A legal duty to state the truth;
- A question touching that subject;
- A public servant acting within legal powers; and
- Refusal to answer.
According to the supplied comments:
Section 214 BNS = Section 179 IPC
The language remains unchanged, but the maximum fine has increased from:
₹1,000 TO ₹5,000
The punishment is:
SIMPLE IMPRISONMENT UP TO 6 MONTHS / FINE UP TO ₹5,000 / BOTH
and the offence is:
Non-Cognizable + Bailable + The Court in which the offence is committed
Final Memory Line
“214 = LEGALLY BOUND TO TELL THE TRUTH, LAWFULLY QUESTIONED BY A PUBLIC SERVANT, BUT REFUSE TO ANSWER.”
