Refusing Oath or Affirmation Under:
Code
Whoever refuses to bind himself by an oath 1 [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.
Explanation
It states that whoever, being legally bound to take an oath or make an affirmation, refuses to do so, without any lawful excuse, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Illustration: Section 178 IPC
Imagine a witness in a court case being asked to take an oath before giving testimony. If they refuse to take the oath without any valid reason, they can be charged under Section 178 IPC.
Common Questions and Answers
Q: What are the legal consequences of refusing to take an oath or affirmation?
A: Refusal without a valid excuse can result in imprisonment, a fine, or both.
Q: What are some valid excuses for refusing to take an oath or affirmation?
A: Some valid excuses include religious beliefs, medical conditions, or legal grounds like being a minor.
Q: Is refusing an oath or affirmation always illegal?
A: No, it is only illegal when the refusal is without a lawful excuse.
Q: What is the difference between an oath and an affirmation?
A: An oath involves swearing to tell the truth by invoking God or a divine being, while an affirmation involves solemnly promising to tell the truth without invoking a deity.
