BNS Chapter 13

In any civilized society, respect for lawful authority is critical for maintaining order and justice. Chapter 13 of the Bharatiya Nyaya Sanhita, 2023 (BNS) protects this very principle. It outlines the various ways in which individuals can commit contempt of lawful public authority, and the legal consequences of such actions.

Whether it's evading a summons, refusing to give evidence, lying under oath, or obstructing government officers, these acts are not just disrespectful—they’re criminal.

This article explains all sections under BNS Chapter 13 (Sections 206 to 226) in simple, human-understandable language with real-world examples and implications.

Understanding the Legal Intent Behind Chapter 13

The primary goal of this chapter is to ensure that public servants—police officers, magistrates, revenue officers, etc.—can function without illegal interference. This chapter does not give them unchecked power, but rather guards the legal process from deliberate obstruction or disrespect.

Let’s now break down each section in detail.

Section 206 – Absconding to Avoid Summons or Legal Proceedings

If a person deliberately hides, absconds, or becomes unavailable to avoid receiving legal summons or notices, this section applies.

Example: If a person knows a police officer is coming with a court summons, and they leave town or hide in another location, they’re committing a punishable offence.

Legal Impact: This section prevents people from escaping the court process and ensures that summonses issued by legal authorities are respected.

Section 207 – Preventing Service or Publication of Legal Summons

This section punishes anyone who tries to block a summons from being served—either to themselves or someone else—or who destroys posted legal notices.

Example: Ramesh tears down a court-issued notice posted on his gate because he wants to stop the case from progressing. This is a punishable act.

Section 208 – Ignoring a Lawful Order to Appear

When an individual is lawfully ordered to appear before a public servant (like a police officer or investigating officer) and they refuse or ignore the order, without any valid reason, this section is triggered.

This protects officials during investigations, especially in criminal or tax-related matters, where presence and questioning are crucial.

Section 209 – Failure to Appear After a Proclamation (Section 84 BNSS)

A proclamation is a public announcement, usually published in newspapers or posted, asking a person to surrender before a legal authority. If a person ignores such a proclamation, this section comes into play.

Example: If the court proclaims a person as an offender and asks them to surrender within 30 days, their failure to comply results in punishment under this section.

Section 210 – Not Producing a Required Document or Electronic Record

This is relevant in both civil and criminal cases. If a person is legally required to submit a document (paper or digital), and they willfully avoid doing so, they are liable.

Real-life use: An employee refuses to submit emails crucial to an internal investigation even after an order from a senior public officer.

Section 211 – Failure to Provide Legally Required Information

This section punishes people who withhold information they’re bound to disclose under law.

Example: A hotel owner who fails to report a suspicious guest staying in his hotel to the police, despite legal requirements to report such information, is liable under this section.

Section 212 – Giving False Information to Public Servants

False complaints, fabricated FIRs, or lying during police questioning can attract penalties under this section.

Important note: It’s not just lying, but knowingly lying with the intent to mislead that is punished here.

Section 213 – Refusal to Take an Oath or Affirmation

Refusing to take an oath in court or during any legal inquiry when lawfully required shows a clear disrespect to the process of law, and this section ensures such behavior is punished.

Section 214 – Refusing to Answer Lawful Questions

If an officer lawfully questions a witness or accused, and they refuse to answer without sufficient cause, they are liable under this section.

However, this does not violate the right against self-incrimination (Article 20(3)). Protection remains if the person is an accused.

Section 215 – Refusal to Sign Statements Given to Public Servants

If you give a statement during investigation or recording, you may be asked to sign it. Refusing without reason is punishable.

Legal reasoning: Signing indicates acknowledgment that the statement was recorded accurately.

Section 216 – Lying on Oath

Lying during any legally administered oath or affirmation is considered a serious criminal offence and is equivalent to perjury.

This can damage the integrity of the entire justice system.

Section 217 – Giving False Info to Cause Harm to Another via Public Servant

If someone uses falsehood to manipulate public officers into taking action against an innocent person, this section becomes applicable.

Example: Filing a false molestation complaint to harass someone is a punishable offence under this section.

Section 218 – Resisting Lawful Property Seizure

If the government seizes land or property under a legal order and the person physically or violently resists it, they violate this provision.

Section 219 – Obstructing Legal Sale of Property

This applies in auctions, tax recoveries, or loan defaults where the property is being sold by public authority. Creating disturbance, intimidation, or illegal claims are offences here.

Section 220 – Illegal Bidding or Buying in Public Sales

Buying property offered by the government using fraud, bribes, or proxy names is a punishable act under this section. It ensures fairness in public auctions.

Section 221 – Obstructing a Public Servant from Doing Their Duty

This is one of the most frequently applied sections. It includes any deliberate action that stops a government officer from fulfilling their legal duty.

Examples include:

• Stopping a tax officer from entering your premises.

• Blocking a government medical team from entering a village during a pandemic.

Section 222 – Not Assisting Public Servants When Bound

Some situations, like natural disasters, riots, or emergencies, require citizen cooperation by law. Refusing to help when legally obligated is penalized here.

Section 223 – Disobedience to a Duly Promulgated Order

This is commonly used during public emergencies like curfews, Section 144 orders, or lockdowns. Disobeying such lawful orders, even without violence, attracts legal penalties.

Section 224 – Threatening Public Servants

This section ensures the safety and freedom of public officials. Threats of violence or harm, even indirect, are serious offences.

Section 225 – Threatening Someone to Stop Them from Seeking Protection

If someone prevents another individual from filing a police complaint or seeking help from a public official—using fear, influence, or threats—it violates this section.

Section 226 – Attempting Suicide to Manipulate Legal Action

This section criminalizes the act of threatening or attempting suicide to emotionally pressure public servants into cancelling legal proceedings.

Example: A person threatens suicide if police act on a court warrant against them.

Final Thoughts: Why Chapter 13 Matters in Today’s India

India’s justice system is built on the foundation of legal respect and cooperation. Chapter 13 of the BNS acts as the backbone for lawful functioning of public services. It draws the line between lawful protest and unlawful defiance.

Without such laws:

• Summons would be ignored.

• Officials would be threatened.

• Lies would dominate legal proceedings.

For democracy to thrive, citizen accountability and official duty must work hand-in-hand. This chapter enforces that critical balance.