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Bharatiya Nyaya Sanhita, 2023 Chapter XII · Of Offences By or Relating to Public Servants
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Bharatiya Nyaya Sanhita, 2023 — Section 204

Personating a Public Servant

Section 204 punishes whoever pretends to hold any particular office as a public servant, knowing they do not hold that office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of that office, with imprisonment of either description for a term of not less than six months but which may extend to three years, and with fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which itself flags this mapping as a "Change," and independently against the text of Section 170 itself as found in the edition of the Indian Penal Code, 1860 consulted for this book.

BNS sectionIPC, 1860 equivalentCategory
204170Substantively changed

Substantively changed: the conduct element (pretending to hold, or falsely personating, a public office and acting under colour of it) is word-for-word identical to old IPC Section 170. The punishment, however, differs materially: old Section 170 provided imprisonment of either description up to two years, or fine, or both, with no mandatory minimum. Section 204 introduces a mandatory minimum sentence of six months, raises the maximum to three years, and makes fine mandatory in addition to imprisonment rather than an alternative to it.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for not less than 6 months but which may extend to 3 years and fine — cognizable, non-bailable, and triable by any Magistrate. Not compoundable: Section 204 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Pretending to hold, or personating a person who holds, a public office

Explanation (Lexovia's Commentary)

The offence has two alternative conduct routes: pretending to hold a particular public office while knowing one does not actually hold it, or falsely personating another specific person who does hold that office. Either way, the offender must then, in that assumed character, do or attempt to do some act under colour of the office claimed.

Illustration (Lexovia's Own Example)
A person, knowing they hold no such position, falsely claims to be a revenue officer and, in that assumed capacity, attempts to collect money from villagers under colour of that office. This falls within Section 204.
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Related / Cross-Referenced Sections

FAQs

Does the offence require the offender to actually succeed in the impersonation?

No. Merely attempting an act under colour of the assumed office is enough; actual success is not required.

What is the punishment under this section?

Imprisonment of either description for a term of not less than six months but which may extend to three years, and fine (fine is mandatory, not an alternative).

How does the punishment differ from the old law?

Old IPC Section 170 allowed a maximum of two years' imprisonment, or fine, or both, with no mandatory minimum. Section 204 sets a mandatory minimum of six months, raises the maximum to three years, and makes fine mandatory alongside imprisonment.

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