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IPC 178 → BNS 217: Refusing Oath

IPC Section 178 (Refusing Oath) under the old Indian Penal Code 1860 is now covered under Section 217 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

178

Refusing Oath

Refusing oath or affirmation when duly required by public servant to make it

New Law — BNS 2023

217

Refusing Oath

Punishment / Liability
Same - Up to 6 months
Key Change / Note
No major change

Facing a case under BNS 217?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 217.

Quick Summary: IPC 178 vs BNS 217

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 178 (Refusing Oath) is now mapped to BNS Section 217.

What did IPC 178 cover?

IPC 178 dealt with refusing oathrefusing oath or affirmation when duly required by public servant to make it. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 217: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to refusing oath are filed under BNS Section 217. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 217

Same - Up to 6 months

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 217 instead of IPC 178.
  • Police officers: Use BNS 217 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 178 ↔ BNS 217 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 178?

IPC Section 178 (Refusing Oath) is now covered under Section 217 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 217?

Same - Up to 6 months

What is the key difference between IPC 178 and BNS 217?

No major change

Is IPC 178 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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