Bharatiya Nyaya Sanhita, 2023
Section 214
Refusing to answer public servant authorised to question
Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Why this exists
This provision exists to support official investigations, inquiries, and legal proceedings where witnesses or parties are duty-bound to speak truthfully. It ensures that people who are legally obligated to give information (for example, under oath, or under specific statutes requiring cooperation) cannot simply stonewall public servants exercising lawful authority. It traces back to the original Indian Penal Code of 1860 and was carried forward largely unchanged into the Bharatiya Nyaya Sanhita, 2023.
How courts read it
Courts have generally held that this section applies only when there is a specific legal duty to answer — mere questioning by a public servant does not automatically create such a duty. The obligation to speak the truth must arise from some other law (such as the Code of Criminal Procedure or a special statute), and the public servant must be acting within the legal limits of their power when asking the question. Courts have also distinguished this offence from giving false answers, which is punished separately as a distinct offence.
Common misconceptions
- Myth: This section lets any government official punish you just for not answering their questions.
Fact: Courts have clarified that the person must already have a separate legal duty to answer, and the official must be exercising lawful authority — otherwise this section does not apply. - Myth: Refusing to answer and lying are punished the same way under this section.
Fact: This section only covers refusal to answer. Giving a false answer is treated as a separate offence under different provisions.