IPC 51 and BNS 51 – Definition of Oath in Criminal Law
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 51
Definition of “Oath”
About IPC Section
Section 51 of the Indian Penal Code (IPC), 1860, defines the word “oath.” It states that the word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof.
This provision broadens the meaning of “oath” to cover not just religious or ceremonial oaths but also legal affirmations and declarations. In India, individuals may, due to personal beliefs or religious reasons, prefer to make a solemn affirmation instead of a religious oath. Section 51 ensures that such affirmations carry the same legal weight as an oath.
For example, when a witness gives testimony in court, they may either swear on a holy book or make a solemn affirmation. Both are treated equally under the IPC. Similarly, statutory declarations made before public servants (like affidavits) also fall under the definition of oath.
This section is vital because offences like giving false evidence or perjury depend on whether a statement was made under oath or affirmation. IPC 51 therefore ensures legal uniformity and upholds the sanctity of sworn declarations.
Section: BNS 51
Definition of “Oath”
About BNS Section
Section 51 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the same definition of “oath” as in IPC 51. It clarifies that the word “oath” includes a solemn affirmation substituted by law for an oath, as well as any declaration required or authorized by law to be made before a public servant or used for the purpose of proof.
The purpose of this section is to ensure that whether a person swears a religious oath, makes a secular affirmation, or submits a formal declaration, each has equal legal force. This is particularly important in a diverse country like India, where individuals may follow different faiths or choose not to swear religiously.
For instance, a person appearing in court as a witness may simply affirm that they will speak the truth. This affirmation is legally treated as an oath. Similarly, affidavits filed in legal proceedings are considered oaths within the meaning of this section.
By keeping the wording identical to IPC 51, the BNS preserves continuity and clarity. It ensures that false statements made under affirmation or declaration can still attract penalties under provisions relating to perjury or giving false evidence.