IPC 178 - Refusing oath when duly required to take oath by a public servant

Description of IPC 178
Description of IPC Section 178
According to section 178 of Indian penal code, 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 competent 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.
IPC 178
Offence | Refusing oath when duly required to take oath by a public servant |
Punishment | Simple Imprisonment for 6 Months or Fine or Both |
Cognizance | Cognizable |
Bail | Bailable |
Triable | Magistrate Court |
Up to 6 months imprisonment, or a fine up to ?1000, or both.
IPC 178 in Simple Words
If someone refuses to take an oath or affirm to tell the truth when legally asked to do so by a public servant, they can be punished with up to six months in jail, a fine of up to one thousand rupees, or both.
Importance and Practical application
This offense ensures that individuals comply with legal processes by taking an oath or affirmation to tell the truth when required. Oaths are fundamental to the integrity of legal proceedings, ensuring that testimony and statements provided under oath are truthful and reliable.
Practical application:
Examples: Refusing to take an oath in court or during legal proceedings. Legal Consequences: Ensures compliance with legal processes requiring truthful testimony.Conclusion
By penalizing those who refuse to take an oath or affirmation, this provision upholds the sanctity of truth in legal proceedings. It ensures that individuals are held accountable for providing truthful information, thereby reinforcing the fairness and effectiveness of the justice system.