This section applies to any lie told to a government employee.

It only applies when the person was legally bound by an oath or affirmation to tell the truth on that specific subject — ordinary conversations or unofficial statements don't count.

This is the same as lying in court (perjury).

Courts have treated this as distinct from giving false evidence in judicial proceedings; this section covers false sworn statements made to public servants outside formal court testimony, such as during administrative or investigative processes.

Bharatiya Nyaya Sanhita, 2023

Section 216

False statement on oath or affirmation to public servant or person authorised to

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.§

Why this exists

This provision continues the old Section 181 of the Indian Penal Code, 1860, which was designed to protect the integrity of official proceedings — such as police inquiries, sworn statements, tribunal hearings, or administrative verifications — where a person is bound by oath to speak truthfully to a public official. Without such a deterrent, sworn declarations before authorities would carry no real weight, undermining investigations, licensing processes, and administrative decision-making that rely on citizens' truthful cooperation.

How courts read it

Under the corresponding IPC provision, courts have held that the offence requires the person to be legally bound by an oath or affirmation — a casual or voluntary statement without such legal obligation does not attract this section. Courts have also distinguished this offence from perjury under separate provisions dealing with false evidence in judicial proceedings, clarifying that Section 216 (formerly Section 181 IPC) applies specifically to sworn statements made to public servants outside the courtroom context, such as during administrative inquiries or police investigations.

Common misconceptions

Myth: This section applies to any lie told to a government employee.
Fact: It only applies when the person was legally bound by an oath or affirmation to tell the truth on that specific subject — ordinary conversations or unofficial statements don't count.
Myth: This is the same as lying in court (perjury).
Fact: Courts have treated this as distinct from giving false evidence in judicial proceedings; this section covers false sworn statements made to public servants outside formal court testimony, such as during administrative or investigative processes.