What is Section 178 IPC? Refusing oath or affirmation when duly required by public servant
Published on: Lawiz Team
Learn about Section 178 IPC: Refusing oath or affirmation when duly required by public servant
Official Legal 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 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.
What This IPC Section Means – Explained in Simple Words
Section 178 punishes any person who refuses to take an oath or make an affirmation when legally required to do so by a public servant.
Purpose
To ensure the authenticity of statements made before public servants or in legal proceedings.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 6 months, or fine up to 1,000 rupees, or both.
Key Elements
Refusal to take an oath or make an affirmation when legally required by a public servant.
Punishment Details
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 Defenses
If the person can prove they were unaware of the legal requirement or had a valid reason for refusal.
Judicial Interpretation
Courts ensure that the person was legally required to take the oath.
Illustration
If a witness in court refuses to take an oath before giving testimony, they can be punished under Section 178.
FAQs
What does Section 178 IPC define?
Refusing oath or affirmation when duly required by public servant to make it.
Where is Section 178 IPC applicable?
It applies to offences related to elections, public service duties, and lawful procedures.
Why is Section 178 IPC important?
It ensures fairness in elections, honesty in public dealings, and compliance with lawful summons.
Give an example involving Section 178 IPC.
Cases like election bribery, refusal to attend court after summons, or false statements under oath.
What punishment is applicable under Section 178 IPC?
Punishment varies from fines to imprisonment depending on the offence seriousness.
Are there related sections linked with Section 178 IPC?
Yes, it relates to public order, election integrity, and criminal procedure compliance.
How have courts interpreted Section 178 IPC?
Courts interpret strictly to protect democratic processes and ensure lawful public conduct.