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KembaraXtra - Bharatiya Nyaya Sanhita - Section 216: False Statement on Oath or Affirmation to Public Servant or Person Authorised to Administer an Oath or Affirmation
Introduction
Section 216 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who, while legally bound by an oath or affirmation to state the truth, makes a false statement to a public servant or another person legally authorised to administer that oath or affirmation.
The provision is concerned not merely with an incorrect statement, but with a knowingly or consciously false statement made while under a legally binding duty to speak the truth.
The central idea is:
LEGAL OATH/AFFIRMATION + DUTY TO SPEAK TRUTH + FALSE STATEMENT + KNOWLEDGE/BELIEF OF FALSEHOOD = SECTION 216
Q1. What does Section 216 provide?
Answer:
Section 216 applies where a person:
- Is legally bound by an oath or affirmation;
- To state the truth on a particular subject;
- To a public servant or another person authorised by law to administer the oath or affirmation;
- Makes a statement touching that subject;
- The statement is false; and
- He:
- Knows it to be false;
- Believes it to be false; or
- Does not believe it to be true.
Q2. What is the object of Section 216?
Answer:
The section protects the integrity of statements made under legally administered oaths and affirmations.
Where law requires a person to speak truthfully under oath or affirmation, deliberate or conscious falsehood undermines the reliability of the official process.
Q3. Which IPC provision corresponds to Section 216 BNS?
Answer:
According to the supplied comments:
Section 216 BNS = Section 181 IPC
Q4. Has Section 216 substantially changed from the IPC provision?
Answer:
No.
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
Q5. What are the essential ingredients of Section 216?
Answer:
The essential ingredients are:
- The accused must be legally bound by an oath or affirmation;
- The oath or affirmation must require him to state the truth;
- It must relate to a particular subject;
- The statement must be made to:
- A public servant; or
- Another person authorised by law to administer the oath or affirmation;
- The statement must touch the subject covered by the oath or affirmation;
- The statement must be false; and
- The accused must:
- Know it is false;
- Believe it is false; or
- Not believe it to be true.
Formula
LEGAL OATH/AFFIRMATION + AUTHORISED RECIPIENT + FALSE STATEMENT ON SUBJECT + REQUIRED MENTAL STATE = SECTION 216
Q6. What is the first requirement under Section 216?
Answer:
The person must be:
LEGALLY BOUND BY AN OATH OR AFFIRMATION
to state the truth.
A mere moral promise to tell the truth is not the same thing.
Q7. Is every promise to tell the truth covered?
Answer:
No.
The provision specifically requires a person to be:
LEGALLY BOUND
by an oath or affirmation.
Q8. What is the significance of the word “legally”?
Answer:
It indicates that the obligation must arise under law.
Section 216 is therefore not concerned with an informal personal promise to be truthful.
Q9. Does the provision apply only to an oath?
Answer:
No.
It expressly covers both:
OATH
and
AFFIRMATION
Q10. What duty must arise from the oath or affirmation?
Answer:
The person must be legally bound:
TO STATE THE TRUTH
on the relevant subject.
Q11. To whom must the false statement be made?
Answer:
It must be made to:
- A public servant; or
- Another person authorised by law to administer the oath or affirmation.
Q12. Does the recipient always have to be a public servant?
Answer:
No.
The provision expressly extends beyond public servants to:
OTHER PERSONS AUTHORISED BY LAW TO ADMINISTER THE OATH OR AFFIRMATION
Q13. Why is legal authority of the recipient important?
Answer:
Because Section 216 concerns a legally binding oath or affirmation administered within lawful authority.
The statutory protection does not arise merely because a private person informally asks another person to swear that something is true.
Q14. What must the false statement relate to?
Answer:
It must be made:
TOUCHING THE SUBJECT
on which the person is legally bound by oath or affirmation to state the truth.
Q15. What does “touching that subject” mean?
Answer:
It means that the false statement must concern or relate to the subject covered by the oath or affirmation.
Q16. What if the false statement concerns something completely unrelated to the subject of the oath?
Answer:
The wording of Section 216 requires the false statement to be:
TOUCHING THAT SUBJECT
Therefore, this connection is an essential statutory element.
Q17. Must the statement actually be false?
Answer:
Yes.
The provision expressly requires:
A STATEMENT WHICH IS FALSE
Q18. Is factual falsity alone sufficient?
Answer:
No.
The accused must also possess one of the required mental states concerning the false statement.
Q19. What are the three alternative mental states?
Answer:
The accused must:
- Know the statement to be false; or
- Believe the statement to be false; or
- Not believe the statement to be true.
Memory
KNOW FALSE – BELIEVE FALSE – DO NOT BELIEVE TRUE
Q20. Must all three mental states be proved?
Answer:
No.
They are alternatives.
Proof of any one of the three is sufficient for this element.
Q21. What does “knows to be false” mean?
Answer:
It is the clearest form of conscious falsehood.
The person knows that what he is stating under oath or affirmation is untrue.
Q22. What does “believes to be false” mean?
Answer:
It covers a person who believes that the statement he is making is false, even though his state of mind may be expressed in terms of belief rather than absolute knowledge.
Q23. What does “does not believe to be true” mean?
Answer:
It covers a person who makes a statement despite lacking a genuine belief in its truth.
This prevents a person from escaping liability merely because absolute knowledge of falsity cannot be shown.
Q24. Why are these three expressions important?
Answer:
Together, they make clear that Section 216 is directed against conscious falsehood, rather than innocent factual error.
Q25. Is an honest mistake sufficient for Section 216?
Answer:
No.
If the person genuinely believes the statement to be true, the required mental element would be absent, even if the statement later turns out to be factually incorrect.
Q26. What if the accused is uncertain but states something as definitely true?
Answer:
The relevant question becomes whether the accused:
DID NOT BELIEVE THE STATEMENT TO BE TRUE
If that mental state is proved along with the other ingredients, Section 216 may apply.
Q27. Is negligence enough?
Answer:
Mere negligence is not the statutory test.
The section requires:
- Knowledge of falsity;
- Belief in falsity; or
- Absence of belief in truth.
Q28. Is dishonesty an express ingredient?
Answer:
No.
The word “dishonestly” does not appear in the supplied provision.
Q29. Is fraudulent intention expressly required?
Answer:
No.
Fraud is not separately required.
The relevant mens rea is specifically stated in Section 216.
Q30. Is malicious intention required?
Answer:
No.
Malice is not an express ingredient.
Q31. Must the accused intend to injure another person?
Answer:
No.
Unlike Section 217, Section 216 does not require an intention to cause a public servant to use official power against another person.
The focus is on the false statement made under the legally binding oath or affirmation.
Q32. Must another person actually suffer injury?
Answer:
No.
Actual injury to another person is not an express ingredient.
Q33. Must the false statement actually influence the public servant?
Answer:
No such consequence is expressly required.
The offence focuses on the making of the false statement under the prescribed legal circumstances.
Q34. Must the public servant believe the false statement?
Answer:
No.
The provision does not expressly require the recipient to accept or act upon the statement.
Q35. Must the false statement successfully deceive anyone?
Answer:
No.
Successful deception is not an express ingredient.
Q36. Is actual harm to public administration required?
Answer:
No actual harm is expressly required.
The prohibited conduct is the making of the consciously false statement while legally bound by oath or affirmation to speak the truth.
Q37. Give a simple example of Section 216.
Answer:
A is legally required to make a truthful statement under oath before an authorised public servant.
A states that a particular event occurred, although he knows that it did not occur.
If the other statutory requirements are satisfied, A may commit an offence under Section 216.
Q38. Give an example involving honest mistake.
Answer:
A makes a statement under a legally administered oath.
A genuinely believes the statement to be true, but later evidence establishes that it was factually incorrect.
The mere factual error does not by itself satisfy Section 216 because the required guilty state of mind must also be established.
Q39. Give an example involving lack of belief in truth.
Answer:
A is legally bound under oath to state the truth.
He states a fact as true even though he himself does not believe it to be true.
That situation falls within the third mental-state formulation of Section 216.
Q40. Does Section 216 require a judicial proceeding?
Answer:
The supplied wording does not make a judicial proceeding an express ingredient.
Instead, it focuses on:
- A legal obligation by oath or affirmation;
- A public servant or other legally authorised person;
- A false statement touching the relevant subject; and
- The required state of mind.
This is an important exam point.
Q41. Does Section 216 apply only to statements made in Court?
Answer:
No such limitation appears in the supplied text.
The recipient may be a public servant or another person authorised by law to administer the oath or affirmation.
Q42. Why should Section 216 not simply be described as “lying in Court”?
Answer:
Because that description is too narrow.
The statutory focus is:
FALSE STATEMENT UNDER A LEGALLY BINDING OATH OR AFFIRMATION TO AN AUTHORISED PERSON
not merely the physical location where the statement is made.
Q43. Is the existence of a lawful oath or affirmation important?
Answer:
Yes.
The person must be legally bound by the oath or affirmation to state the truth.
Q44. Can an informal oath between private individuals create Section 216 liability?
Answer:
Not merely because the parties call it an oath.
The section requires the relevant legal obligation and lawful authority contemplated by its wording.
Q45. What is the punishment under Section 216?
Answer:
The punishment is:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 3 YEARS
and the offender:
SHALL ALSO BE LIABLE TO FINE
Q46. Is imprisonment mandatory for three years?
Answer:
No.
Three years is the maximum term.
The provision states that imprisonment may extend to three years.
Q47. Can the imprisonment be simple or rigorous?
Answer:
Yes.
The section provides:
IMPRISONMENT OF EITHER DESCRIPTION
Q48. What is the maximum imprisonment?
Answer:
3 YEARS
Q49. Is a maximum amount of fine supplied?
Answer:
No specific maximum fine is stated in the supplied text.
Therefore, no numerical fine ceiling should be added to the section from the supplied material.
Q50. What is the classification of Section 216?
Answer:
According to the supplied classification:
NON-COGNIZABLE
BAILABLE
MAGISTRATE OF THE FIRST CLASS
Q51. Is Section 216 cognizable?
Answer:
No.
NON-COGNIZABLE
Q52. Is Section 216 bailable?
Answer:
Yes.
BAILABLE
Q53. Which Court may try Section 216?
Answer:
According to the supplied classification:
MAGISTRATE OF THE FIRST CLASS
Q54. What is the easiest classification memory?
Answer:
216 = NC + B + MFC
Q55. How does Section 216 differ from Section 217?
Answer:
This is an important distinction.
Section 216
Deals with:
FALSE STATEMENT UNDER LEGAL OATH OR AFFIRMATION
The central wrong is consciously stating a falsehood while legally bound by oath or affirmation to tell the truth.
Section 217
Deals with:
FALSE INFORMATION GIVEN TO PUBLIC SERVANT TO PRODUCE SPECIFIED OFFICIAL CONSEQUENCES
Memory
216 = FALSE UNDER OATH
217 = FALSE INFO TO TRIGGER OFFICIAL ACTION
Q56. Does Section 216 require intention to cause injury or annoyance?
Answer:
No.
That type of consequence is relevant to Section 217.
Section 216 focuses instead on the legal oath or affirmation and conscious falsehood.
Q57. How does Section 216 differ from Section 227 on giving false evidence?
Answer:
There is an important overlap in their concern with truthfulness, but their wording should not be merged.
Section 216
Specifically concerns a person:
- Legally bound by oath or affirmation to state truth;
- To a public servant or other legally authorised person;
- Who makes a consciously false statement touching that subject.
Section 227
As previously studied, the legal duty to state truth may arise through:
- Oath;
- An express provision of law; or
- A legal obligation to make a declaration.
Memory
216 = SPECIFIC OATH/AFFIRMATION FALSEHOOD
227 = BROADER FALSE-EVIDENCE DEFINITION
Q58. Is an oath always necessary under Section 227 in the same way as Section 216?
Answer:
No.
This is an important distinction.
Section 216 specifically begins with a person:
LEGALLY BOUND BY AN OATH OR AFFIRMATION
Section 227, according to the supplied text previously studied, contains broader alternative sources of the legal duty to speak truth.
Q59. What is common between Sections 216 and 227?
Answer:
Both use essentially the same three-part mental-state idea concerning falsity:
KNOWS FALSE
or
BELIEVES FALSE
or
DOES NOT BELIEVE TRUE
This is an important memory connection.
Q60. What is the easiest problem-question method for Section 216?
Answer:
Ask:
- Was the accused legally bound by oath or affirmation?
- Was he legally bound to state the truth?
- Was the statement made to a public servant or another person authorised by law to administer the oath or affirmation?
- Did the statement concern the subject covered by the oath?
- Was the statement false?
- Did the accused:
- Know it was false;
- Believe it was false; or
- Not believe it was true?
If these requirements are satisfied:
SECTION 216 MAY APPLY
Key Provisions (Study Notes)
1. Legal Duty
The accused must be:
LEGALLY BOUND BY OATH OR AFFIRMATION TO STATE THE TRUTH
A mere moral duty is insufficient.
2. Authorised Recipient
The statement must be made to:
PUBLIC SERVANT
or
OTHER PERSON AUTHORISED BY LAW TO ADMINISTER THE OATH OR AFFIRMATION
3. Connection With Subject
The false statement must be:
TOUCHING THE SUBJECT
covered by the oath or affirmation.
4. Falsity
The statement must actually be:
FALSE
5. Mens Rea
The accused must:
KNOW IT IS FALSE
or
BELIEVE IT IS FALSE
or
NOT BELIEVE IT IS TRUE
6. Actual Harm Not Required
The provision does not expressly require:
- Injury;
- Annoyance;
- Financial loss;
- Successful deception;
- Adverse official action.
Essential Ingredients — Rapid Recall
LEGAL OATH / AFFIRMATION
+
DUTY TO STATE TRUTH
+
PUBLIC SERVANT / AUTHORISED PERSON
+
FALSE STATEMENT TOUCHING THAT SUBJECT
+
KNOW FALSE / BELIEVE FALSE / NOT BELIEVE TRUE
= SECTION 216
Punishment Notes
Section 216 provides:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 3 YEARS
and
LIABLE TO FINE
No numerical maximum fine was supplied.
Classification Notes
NON-COGNIZABLE
BAILABLE
MAGISTRATE OF THE FIRST CLASS
Memory
NC + B + MFC
IPC Equivalent and BNS Position
According to the supplied comments:
Section 216 BNS = Section 181 IPC
The language remains unchanged and the provision has been retained as it is.
Section 216 vs Section 217
Section 216 — False Statement Under Oath
Focus:
DUTY TO SPEAK TRUTH
The accused knowingly or consciously makes a false statement while legally bound by oath or affirmation.
Section 217 — False Information to Public Servant
Focus:
MANIPULATION OF PUBLIC POWER
The accused gives false information knowing or believing it false, intending or knowing it likely to cause the specified official consequence.
Memory
216 = FALSE UNDER OATH
217 = FALSE TO TRIGGER POWER
Section 216 vs Section 227
Section 216
Specific source of duty:
OATH OR AFFIRMATION
Specific recipient:
PUBLIC SERVANT OR OTHER PERSON AUTHORISED TO ADMINISTER IT
Section 227
Broader false-evidence framework previously studied, where the legal duty to state truth may arise from:
OATH – EXPRESS LAW – LEGAL DECLARATION
Best Memory
216 = OATH-SPECIFIC FALSE STATEMENT
227 = GENERAL DEFINITION OF GIVING FALSE EVIDENCE
Quick Revision Notes
Section
216 BNS
Title
False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC Equivalent
Section 181 IPC
Legal Duty
Bound by oath or affirmation to state truth.
Recipient
Public servant or other legally authorised person.
Act
False statement touching the subject of the oath or affirmation.
Mens Rea
Knows false / believes false / does not believe true.
Actual Injury Required?
No.
Successful Deception Required?
No.
Judicial Proceeding Expressly Required?
No.
Punishment
Either description up to 3 years + liable to fine.
Fine Ceiling
Not specified in the supplied text.
Classification
Non-Cognizable + Bailable + Magistrate First Class
BNS Change
None stated; provision retained as it is.
Exam Traps
Trap 1 — Thinking every false statement is Section 216
Incorrect.
The accused must be:
LEGALLY BOUND BY OATH OR AFFIRMATION TO STATE THE TRUTH
Trap 2 — Forgetting lawful authority
The statement must be made to:
- A public servant; or
- Another person authorised by law to administer the oath or affirmation.
Trap 3 — Forgetting the subject connection
The false statement must be:
TOUCHING THE SUBJECT
covered by the oath or affirmation.
Trap 4 — Treating every factual mistake as an offence
Incorrect.
The required mental state must also be established.
Trap 5 — Forgetting the three mental states
KNOW FALSE
BELIEVE FALSE
DO NOT BELIEVE TRUE
Trap 6 — Requiring intention to injure another
Incorrect.
Section 216 does not expressly require intention to injure or annoy another person.
Trap 7 — Requiring actual harm
Incorrect.
Actual injury or official consequence is not an express ingredient.
Trap 8 — Requiring the false statement to succeed
Incorrect.
The public servant need not actually believe or act upon it.
Trap 9 — Assuming the offence exists only in Court
Incorrect.
A judicial proceeding is not expressly made an ingredient in the supplied wording.
Trap 10 — Confusing Section 216 with Section 217
216 = FALSE STATEMENT UNDER OATH
217 = FALSE INFORMATION TO MANIPULATE OFFICIAL ACTION
Trap 11 — Confusing Section 216 with Section 227
Remember:
216 = OATH/AFFIRMATION SPECIFIC
227 = BROADER FALSE-EVIDENCE DEFINITION
Trap 12 — Inventing a fine ceiling
The supplied provision says:
“SHALL ALSO BE LIABLE TO FINE”
No specific numerical maximum fine was supplied.
Rapid Revision Link: Sections 216–227
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
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 216
LEGAL OATH OR AFFIRMATION
+
DUTY TO STATE TRUTH
+
PUBLIC SERVANT / LEGALLY AUTHORISED PERSON
+
FALSE STATEMENT TOUCHING THE SUBJECT
+
KNOWS FALSE / BELIEVES FALSE / DOES NOT BELIEVE TRUE
= SECTION 216
Punishment
UP TO 3 YEARS + LIABLE TO FINE
Classification
NC + B + MFC
Key Takeaway
Section 216 BNS punishes conscious falsehood made under a legally binding oath or affirmation.
The prosecution must establish that the accused was legally bound by oath or affirmation to state the truth, made a false statement touching that subject to a public servant or another legally authorised person, and:
KNEW IT WAS FALSE
or
BELIEVED IT WAS FALSE
or
DID NOT BELIEVE IT TO BE TRUE
According to the supplied comments:
Section 216 BNS = Section 181 IPC
The language remains unchanged and the provision has been retained as it is.
The punishment is:
IMPRISONMENT OF EITHER DESCRIPTION UP TO 3 YEARS + LIABLE TO FINE
and the offence is:
Non-Cognizable + Bailable + Triable by Magistrate of the First Class
Final Memory Line
“216 = LEGALLY UNDER OATH TO TELL THE TRUTH, BUT CONSCIOUSLY STATE A FALSEHOOD.”
