IPC Section 178 - Refusing Oath or Affirmation When Duly Required by Public Servant to Make It

Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally empowered to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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Bailable, Non-cognizable

Official Text

“Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally empowered to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

Legal Analysis

Elements to Prove:

  • The accused was required to take an oath or affirmation.
  • The requirement was from a legally empowered public servant.
  • They refused to take the oath or affirmation.
  • The refusal was intentional and not due to inability.

Potential Defenses:

  • The accused was not legally required to take oath.
  • The public servant was not legally empowered.
  • The accused was unable to take oath.
  • The accused had valid religious objections.

Practical Examples

What Constitutes the Offense:

A witness refusing to take oath in court, or a person declining to make an affirmation before a magistrate.

What Doesn't Constitute:

A person having religious objections to oaths, or being unable to understand the oath requirement.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies to refusal to take oath or affirmation when legally required by public servants.

Punishment

Simple imprisonment for up to 6 months, or Fine up to ₹1,000, or both

Related Information

Connected Sections:

This section deals with refusal to take oath. It is often charged alongside contempt of court offenses.

Procedural Aspects:

No government sanction is required. The case is triable by any Magistrate.

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