Personating a public servant
What this section does
Penalises any person who falsely pretends to hold a public servant's office (knowing he does not hold it) or impersonates another person holding such office, and in that assumed character does or attempts to do any act under colour of that office.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for a term not less than 6 months and up to 3 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused pretended to hold a particular office as a public servant knowing he does not hold it, OR falsely personated another person holding such office
- The accused acted in the assumed character of that office
- The accused did or attempted to do any act under colour of that office
Practitioner note
Mandatory minimum sentence of 6 months' imprisonment; both imprisonment and fine are mandatory (fine is not in the alternative).
Derived from IPC s.170.
Read the official text
For the binding statutory text of BNS Section 204, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 204 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.